<%@LANGUAGE="VBSCRIPT" CODEPAGE="1252"%> Civic Network of South Tyrol

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Language parity

The agreement regarding the language parity in South Tyrol is often taken as a model by those countries, where language minorities are integrated. It is the guarantee for a peaceful living together of all the three language groups; nevertheless the way to this language parity was obstructed for a long period by disapproval and rejection from the Italian side.

Already in the Paris Agreement of 1946 it was provided that, following the period of fascist oppression of the language, through special provisions and legislation already enacted, "German-speaking citizens" would be granted "parification of the German and Italian languages in public offices and official documents". Only after the coming into effect of the second Autonomy Statute in 1972 was this parification energetically pursued with special Executive Measures and decrees.

The first Executive Measures for the special statute for the Region Trentino-Südtirol relating to the use of the German language were issued with Presidential Decree n. 688/59, which provided for the joint use of the German and Italian languages in the drawing up of acts and measures. It was laid down that anyone who had an interest could require a cost-free translation of acts in his own language. For the judicial process, land registry offices, registry offices, notary acts and police proceedings relating to the courts and taxation, the first Executive Measures were issued with Presidential Decree n. 103/60. The use of the German language was effectively ensured in the same way with regard to translations into German or Italian at the request of the recipient, and the procedure to be followed was laid down in the same Executive Measure.

With the so-called Ethnic Proportions Decree n. 752 of 26 July 1976 the proof of an acceptable knowledge of both provincial languages in South Tyrol, German and Italian, was made obligatory for the public services. This "acceptable knowledge of the German and Italian languages" is ascertained by a Special Commission by the means of a bilingualism examination. The examination, held in a renewed modus since the 27th of January 1999 (the innovationa concern the organisation and the content), consists of a written and an oral part, and according to degrees of difficulty applies to four career levels. Once passed, the examination is valid for an unlimited length of time. Because of the new examen modus, the quota of the issued certificates of bilinguism has increased from about 14.6 per cent up to 61.3 per cent in 1999.

The bilinguism examination is a hurdle for all candidates, but it is undoubtedly an advantage for all those in South Tyrol seeking work. It is a condition for competition in the public service. And finally all state employees of other bodies who posses a certificate of bilinguism receive the so-called bilingual bonus. Furthermore, by being in possession of the certificate of bilinguism, a minimum number of points is given in internal competitions (art.8, LD 354/1997).

Only in May 1989, after long years of drawn-out-negotiations was Presidential Decree n. 574/1988 on the parification of the German Language with Italian in the public administration, the courts and the police, etc., promulgated. The principle of the parity of the Italian and German languages is laid down in Articles 99 and 100 of the second Autonomy Statute: "In the Region the German language is parified with the Italian language, which is the official language of the State. In legislative acts and in all cases where this Statute provides for a bilingual text the Italian text is the Authentic." (Article 99) "German-speaking citizens of the Province of Bozen (Bolzano) have the right to use their language in relations with the judicial offices and with the organs and offices of the public administration which are situated in the Province or which possess regional power, as well as with licensees who provide public services in the Province.
In sittings of the collegial organs of the Region, of the Province of Bozen (Bolzano) and of local bodies of that Province the Italian or the German language may be used.
The offices, the organs and the licensees referred to in paragraph 1 shall use in correspondence and in oral dealings the language of the applicant and shall reply in the language in which proceedings by another organ or office have been started; in cases where an office initiates correspondence it must use the presumed mother tongue of the citizen to whom it is directed. Except for cases expressly provided for - an except for the regulation through executive measures of cases of joint use of the two languages in documents intended for the general public, in individual documents intended for the general public, in individual documents intended for public use and in documents intended for more than one office - the right to use the German or Italian language separately in other cases shall be recognized. The requirement to use only the Italian language in organisations of a military nature shall remain unchanged."(Art. 100).

The executive measures contain a special regulation providing for the use of the Ladin language in oral and written communications with organs and offices of the public administration and the courts. With Legislative Decree 345/1997 a written examination for the Ladin language was also provided for. The Executive Measures relating to language use also contain various other regulations to ensure the use of the mother tongue. For example, medicine labels must now have the German alongside the Italian description.

The regulations on bilingualism contained in the above-mentioned Ethnic Proportions Decree have been extended, in Law n. 724/94, to the recruitment of personnel in firms, societies and bodies which carry out public services of use to the public in the Autonomous Province of Bozen (Bolzano). With an executive measure to Legislative Decree 446/1996 the use of the German an Ladin languages in firms licenced to provide public services was regulated.
On the basis of this regulation, in such licenced firms work must be so organised that the possibility of using both languages, German and Italian, is guaranteed.