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46 Rev. Cent. & E. Eur. L. 1 (2021)

handle is hein.journals/rsl46 and id is 1 raw text is: REVIEW OF CENTRAL AND EAST EUROPEAN LAW - Reviewaf- 46 (2021) 1-40 Central and East Eumpean BRILL Law N IJ H O F F brill.com/rela The Framework Convention for the Protection of National Minorities and Internalization: Lessons from the Western Balkans Elizabeth Craig Senior Lecturer in Law, Sussex Law School, University of Sussex, Brighton, UK elizabeth.craig@sussex.ac.uk Abstract The precise form of internalization of the provisions of the Council of Europe's Framework Convention for the Protection of National Minorities in domestic law is crucial in ensuring its long-term effectiveness. Experiences in the Western Balkans raise important questions about the role of minority (or community) rights legislation in deeply divided societies. This article uses the case-studies of Bosnia and Herzegovina, Kosovo and the Republic of North Macedonia to highlight key themes and limitations that have emerged. Comparative analysis reveals a surprising divergence of approaches to internalization in the region. The article further demonstrates that the 'nation- cum-state paradigm' remains prevalent, despite the premise of universality. It argues that such legislation can play an important symbolic and practical role, but that legal internalization needs to be seen as an ongoing process. It concludes that attention needs to be given to ensuring the continued particularization and adaptation of such legislation in light of both the limitations and changing circumstances, providing a key lesson also for other divided societies. Keywords minority rights - minority protection - community rights - Western Balkans - Southeast Europe - Framework Convention for the Protection of National Minorities - Council of Europe - divided societies - internalization - laws on minorities © KONINKLIJKE BRILL NV, LEIDEN, 2021 DOI:10.1163/15730352-BJA10042

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