THE PRINCIPLES, ORGANIZATIONAL STRUCTURE AND LEGAL NATURE OF INSTITUTIONAL ARRANGEMENTS OF NON - TERRITORIAL CULTURAL AUTONOMY

Đurić, Vladimir (2017) THE PRINCIPLES, ORGANIZATIONAL STRUCTURE AND LEGAL NATURE OF INSTITUTIONAL ARRANGEMENTS OF NON - TERRITORIAL CULTURAL AUTONOMY. Strani pravni život (4). pp. 25-40. ISSN 0039-2138

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Abstract

In this work, the author analyses the solutions for the principles of formation, the organizational structure and the legal nature of institutional arrangements for non-territorial cultural autonomy in comparative law. The conclusion is that the organizational structure and the legal nature of the institutional arrangements of non-territorial cultural autonomy are different in comparative law. The complex organizational structure of such arrangements and their existence at different levels of political and territorial organization, which prevails in comparative law, problematizes the „nonterritorial” character of such autonomy and deviates from the theoretical model according to which non-territorial cultural autonomy carries out its authority over certain issues within the entire territory of the state, posing a risk that from the process of forming of bodies, through which such autonomy is realized, especially in the case of dispersed minorities, a certain number of their members could be excluded. The explicit definition of the legal nature of such arrangements is rare in the comparative law, but in most countries where such arrangements exist, the status of legal entities of public law is recognized at least indirectly or in constitutional court jurisprudence.

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