Q&A - European Citizens' Initiative: European Commission replies to ‘Minority Safepack' initiative

What is the EU's legal framework to protect national and linguistic minorities?

Diversity is at the heart of the European Union. Article 2 of the Treaty on European Union states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Article 3 further states that the Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

A legal framework is in place to ensure that the rights of persons belonging to minorities are upheld. This includes the Charter of Fundamental Rights as well as specific initiatives prohibiting discrimination such as the Council Framework Decision on Combating Racism and Xenophobia.

This general framework is supported by dedicated policy frameworks and the von der Leyen Commission has been committed to take it forward as part of a Union of Equality. This includes, for example, the EU Anti-Racism Action Plan, the Gender Equality Strategy 2020-2025, the LGBTIQ Strategy 2020-25 and the EU Roma Strategic Framework for Equality, Inclusion and Participation.

While rights of persons belonging to minorities is one of the values on which the Union is founded, the EU has no general legislative competence specifically on the protection of national minorities.

What is the objective of the ‘Minority Safepack Initiative'?

The Minority SafePack - one million signatures for diversity in Europe (‘Minority SafePack Initiative') is the fifth successful Initiative supported by over 1 million citizens across the EU. The Initiative aims to improve the protection of persons belonging to national and linguistic minorities and strengthen cultural and linguistic diversity in the Union. It calls upon the EU to adopt a set of legal acts to improve the protection of persons belonging to national and linguistic minorities and strengthen cultural and linguistic diversity in the Union. More specifically, the Minority SafePack Initiative outlines 9 specific proposals.

What is the Commission's reply to the ‘Minority Safepack Initiative'?

The Commission carefully assessed the proposals made by the organisers. Since 2013, when the Initiative was first submitted for registration, a number of measures have been taken to improve the situation of minorities in the Union. The Commission's reply sets out how established and recent legislation supports the goals of the nine proposals in the Initiative. While no further legislative acts are proposed, the Commission considers that follow-up can be made in a number of areas.

What are the follow-up actions?

The European Commission is committed to continue providing policy support and funding for inclusion and respect for the rich cultural diversity of Europe, which is one of the priorities and objectives of the Commission.

The Commission follow-up to the 9 specific proposals put forward by the Minority SafePack:

Proposal for a Council Recommendation for the protection and promotion of cultural and linguistic diversity in the Union.

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  The Commission will closely monitor the implementation of a number of EU initiatives adopted since 2017, which include aspects mentioned in the Citizens' Initiative: notably Council Recommendation (2018/C 195/01) on promoting common values, inclusive education and the European dimension of teaching; Council Recommendation (2019/C 189/03) on a comprehensive approach to the teaching and learning of languages; and Communication on achieving the European Education Area by 2025.
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  The priority ambition of building a European Education Area should support Member States in reaching the goals of the related Recommendations, among others promoting common values, inclusive education and language aware schools.
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  The Commission also notes that the EU Roma Strategic Framework for equality, inclusion and participation 2020-2030 as well as the proposal for a Council Recommendation on Roma equality, inclusion and participation will promote awareness of Roma art, history and culture and social innovation as well as Roma policy experimentation.
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  As these EU initiatives are all recent, the effects and concrete outputs will only be visible in the coming years. The Commission will remain fully engaged in ensuring their effective implementation.
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  In addition, following the Commission's Strategy for the Implementation of the Charter of Fundamental Rights adopted last December, where relevant, issues within the scope of EU law related to the rights of persons belonging to minorities will form an integral part of the Commission's annual thematic report on the application of the Charter of Fundamental Rights in the EU.

Proposal for a decision or a regulation to adapt ‘funding programmes so that they become accessible for small regional and minority language communities'.

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  The new funding programmes that have recently been adopted, such as Erasmus + and Creative Europe are accessible for small regional and minority language communities. National Agencies for the implementation of Erasmus+ and the network of Creative Europe Desks should meet national representatives for small national cultural and language communities, to assist them with practical guidance on how to apply for funding. Further efforts towards creating a one-stop-shop for applicants should be made through the network of Creative Europe Desks. The Commission will also provide further guidance and greater clarity within its guidelines.
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  The Commission will continue to monitor projects involving regional or minority languages and analyse their potential impact on policies in the countries concerned.

Proposal for a decision or a regulation to create a centre for linguistic diversity, strengthening awareness of the importance of regional and minority languages as well as promoting diversity at all levels to be financed mainly by the European Union.

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  The Commission considers it essential to maintain and develop cooperation through the Council of Europe's European Centre for Modern Languages, as well as providing Commission support to Member States with the implementation of the 2019 Council Recommendation. This will ensure an adequate EU focus and will also avoid the risk of duplication of efforts and resources from additional Centres.

Proposal for a regulation adapting the general rules of the Structural Funds in such a way that account is taken of the protection of minorities and the promotion of cultural and linguistic diversity.

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  The Commission notes that in the 2021-2027 Common Provisions Regulation, the non-discrimination requirement is further strengthened by ensuring compliance with the Charter of Fundamental Rights as a horizontal principle and horizontal enabling condition, applicable to all policy areas.
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  The Commission also emphasises that the Cohesion Policy funds will continue to be available for supporting the socio-economic integration of ethnic minorities and marginalized communities, according to the identified needs by Member States at national, regional and local levels.

Proposal for a regulation to change the ‘Horizon 2020' programme for the purposes of improving research on the added value that national minorities and cultural and linguistic diversity may bring to social and economic development in regions of the EU.

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  The Commission emphasises the various linguistic-cultural heritage and minority languages projects funded under Horizon 2020 and the fact that these opportunities to protect languages as part of Europe's cultural heritage will be carried forward and further developed in the new Horizon Europe research and innovation activities. The Competence Centre for the digital preservation and conservation of cultural heritage that the Commission launched on 4 January 2021 is part of these efforts.

Proposal for an amendment of the EU legislation to guarantee approximately equal treatment for stateless persons and citizens of the Union.

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  The Commission stresses that implementation of the new comprehensive Action Plan on integration and inclusion for 2021-2024 may take account of the situation of stateless persons and EU citizens belonging to national minorities, in particular, their need to be better integrated in society via better employment, education and social opportunities.
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  The measures of the Action Plan will be supported by the new Asylum, Migration and Integration Fund for the programming period 2021-2027, as well as by the European Social Fund Plus (ESF+) and the European Regional Development Fund.

Proposal for a regulation to introduce a unitary copyright so that the whole EU can be considered an internal market in the field of copyright.

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  The Commission notes that various legislative instruments (such as The Directive on broadcasters' online transmissions and retransmissions and the Directive on Copyright in the Digital Single Market) have been adopted from 2017 to 2019 with transposition deadlines extending until June 2021. The implementation of these legislative instruments will be closely monitored by the Commission.
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  The Commission published a review in December 2020, where it assessed the impact of extending the geo-blocking rules to online services giving access to copyright-protected content (audiovisual and non-audiovisual). The Commission will launch a stakeholder dialogue with the audiovisual sector in order to discuss concrete ways to foster the circulation of, and improve consumers' access to audiovisual content across the EU, before considering any follow-up measures.

Proposal for an amendment of Directive (2010/13/EU) on the coordination of certain provisions in Member States concerning the provision of audiovisual media services, for the purpose of ensuring the freedom to provide services and the reception of audiovisual content in regions where national minorities reside.

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  The Commission considers that the recently revised Audiovisual Media Services Directive (AVMSD) ensures that video on demand providers (like Netflix, Amazon etc.) actively contribute to the objective of promoting cultural diversity within the Union. In the guidelines issued on the calculation of European works, the Commission took the view that this objective of cultural diversity can only be effectively achieved if the 30% share of European works is secured in each of the national catalogues offered by multi-country video-on-demand providers.
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  The Commission will regularly monitor the application of the rules on the promotion of European works, based on reports from Member States and an independent study as well as monitor the general application of the Directive.

Proposal for a Council regulation or decision, with a view to the block exemption of projects promoting national minorities as well as their culture from the procedure provided for in Article 108(2) TFEU.

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  The Commission considers that the existing rules are sufficient for Member States to support projects that promote the rights of persons belonging to national minorities and their culture.
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  The Commission will continue to provide guidance, should Member States face difficulties in making their intended measures to promote the rights of persons belonging to national minorities and their culture compatible with existing State aid rules.

The Commission will ensure effective implementation on all these aspects and stands ready to assist Member States where relevant and needed. The Commission will also in due course review the effectiveness of the recent legislative measures, and consider additional follow-up where appropriate.

For More Information

Communication on the European Citizens' Initiative ‘Minority SafePack - one million signatures for diversity in Europe'

Press Release: European Citizens' Initiative: European Commission replies to ‘Minority Safepack' initiative

ECI website: ‘Minority SafePack - one million signatures for diversity in Europe'