Using Collective Procedures to Enforce Minority Group Claims

The project takes the researcher’s earlier findings in the topic of how introducing group litigation or, more broadly, collective action before judicial and quasi-judicial can contribute to a better enforcement of minority rights, even if no formal change is made to the system of exclusively individual rights. The research advances a proposal that aims at improving the legal guarantees for group-based minority protection.

The research collects and analyzes minority claims brought before various national and international fora as well as claims that did not reach these fora for structural reasons, above all claims that contain an element going beyond individual claims. These can include claims phrased and sought to be enforced on the level of groups, or whose enforcement is only possible or effective on the collective level. The catalogue thus assembled allows the comprehensive analysis of how the various procedural solutions can accommodate the various minority rights claims and whether it is possible to define a more effective procedural tool, and if yes, what are its elements.

Principal Investigator: Zsolt Körtvélyesi