Menšiny v českém a polském právu - Srovnávací analýza ve světle judikatury – Řezníková Sylva (2024)

The monograph focuses on the comparison of the legal regulation of the status of national and ethnic minorities in Czech and Polish law. These two jurisdictions were chosen due to their partial similarity in legal cultures, linguistic affinity between the two countries, and comparable modern legal history. The analysis concentrates on comparing the provision of legal guarantees to national and ethnic minorities in both countries and reveals that despite similar features in legal cultures, there are numerous differences between the Czech and Polish legal systems regarding minority protection. In both countries, basic guarantees for minorities are provided by the constitution, and further key issues are regulated by laws dedicated exclusively to national and ethnic minorities. Both laws regulate similar areas, such as education in minority languages, additional language rights, and representation of minorities in advisory bodies of national governments. The Czech minority law is more general and refers in detail to subordinate regulations or other laws. The Polish minority law is more detailed and, instead of vaguely defined terms, such as the requirement of the Czech law that a certain minority resides in the territory of the state 'traditionally and long-term,' sets specific criteria, such as the condition that a certain minority is present in Poland...