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Individual and Group Rights in South Tyrol: Article 2 as ,Grundnorm' of the Autonomy Statute

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Chapter Summary

This chapter illustrates the different and evolving interpretation of the basic compromise leading to the autonomy arrangement and its successful implementation. After a brief view on the premises, in particular on the Gruber-Degasperi Agreement, Article 2 of the Autonomy Statute (ASt) is analysed in detail. Of particular importance for the cohabitation of the different language groups is the South Tyrolean system of ?consociational democracy? or ?power sharing?, based on a specific equilibrium between individual and collective rights. For the purpose of this analysis, the Grundnorm of the agreement is the provision based upon which the concrete form of the autonomy system and its implementation are developed, in line with the original intentions of the drafters but open for further evolution in the spirit of the principles?which need further implementation to become applicable?in order to avoid contradictions and to respect the unity of the system.

Keywords: Article 2; autonomy statute (ASt); collective rights; consociational democracy; Gruber-Degasperi Agreement; Grundnorm; individual rights; South Tyrolean system



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