Oltre la logica della protezione. il contributo della dottrina comparatistica alla tutela delle minoranze autoctone e all’autonomia territoriale

BEYOND THE LOGIC OF PROTECTION. THE CONTRIBUTION OF COMPARATIVE SCHOLARSHIP TO THE PROTECTION OF AUTOCTHONOUS MINORITIES AND TERRITORIAL AUTONOMY. After underlining the importance of the issue of minorities and their protection as a mirror of the majority’s approach to constitutional pluralism and reflecting the maturity of democracy, the article illustrates the creation of the European multilevel system of minorityprotection since the 1990ies, in which the comparative method and the interaction of different levels of legal regulation have led to considerable progress. The complementary role of positive law and soft law in implementation is also discussed. Globalisation and integration require further steps and a change in perspective towards “inclusive societies”. However, secessionist movements as well as nationalism, populism and an increasing emphasis on “national” interests and sovereignty have the negative potential to put the whole construction under strain.