Article,

Perspectivas de una ley orgánica de protección de las lenguas minoritarias de la Provincia de Trento

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Revista de Llengua i Dret, (2008)

Abstract

In the autonomous region of Trentino- Alto Adige/South Tyrol, a multilingual area annexed to the Italian State in 1918, the protection of linguistic diversity played, following the end of the Second World War and the Republican democratic constitution, a pivotal role in the founding of autonomous institutions. This has developed in different ways between the two provinces of Bolzano and Trento, each one of which enjoys broad-ranging powers of self-government: the autonomous province of Bolzano (South Tyrol) amply protects the German-Tyrolean majority linguistic group present in its territory (the valleys of Badia and Gardena), whereas, in the province of Trento (mainly Italian- speaking) the legal recognition of the three minorities language included in its confines, Ladin in Fassa, Moquen and Cimbrian (from German), has had a turbulent path and is still not fully consolidated. The study brings to light the asystematic nature of the relevant regulations in force in the autonomous province of Trento, due to the concurrence of regulatory sources of differing, sometimes counterpoised, levels, the absence of a common project to draw from and the lack of suitable action and control mechanisms. Therefore, the need for a project to replan the matter is defended which, by updating the principles of protection, can redefine and update the legal implementation of measures in favour of the minorities in the framework of the most far-reaching institutional reform carried out to date, which provides, in the province of Trento, for a new distribution of roles, functions and powers between the Central Government and the local institutions (municipalities and communities in the valley). This would thus engender an organic Law on linguistic policy based on innovative legal rights that can establish the rights and obligations of linguistic communities, defining, in the writing process, the obligations and responsibilities of the different actors involved.

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