Description
The protection and promotion of local minority language communities is one of the founding principles of the Special Autonomy enjoyed by Trentino.
This special autonomy stems from the De Gasperi–Grüber Agreement (1946), and Trentino is one of the most complex provinces from a linguistic and territorial perspective, with a multilingual population comprisingthree linguistic minorities: the Cimbri, the Mòcheni and the Ladins.
Article 6 oftheItalian Constitution recognises and protects linguistic minorities, stipulating that the Republic ‘shall safeguard the language and culture of linguistic minorities’. Although the Constitution does not provide detailed provisions, this provision has paved the way for the creation of specific laws and policies at regional and provincial level. At the statutory level,Article 2 stipulates that Trentino-Alto Adige/Südtirol may adopt special laws for the protection of linguistic minorities, guaranteeing them specific rights in the educational, cultural and administrative spheres.Article 15 (3) states: “The Province of Trento shall ensure the allocation of adequate funding to promote the protection and cultural, social and economic development of the Ladin, Mòcheno and Cimbrian populations residing within its territory, taking into account their size and specific needs.”
National Law No. 482/99 (Provisions on the protection of historical linguistic minorities) is one of the most important pieces of legislation for linguistic minorities in Italy, as it establishes safeguards for minority languages, including:
1. official recognition of minority languages;
2. the teaching of the minority language in schools;
3. the use of the language in official communications.
This national law applies the principle of equal treatment and recognises the right of all linguistic minorities to use their own language in dealings with public bodies, including local authorities and in official documentation.
In Trentino, the approach to promoting and protecting minorities is ‘territorial’, whereas in South Tyrol it is ‘personal’, i.e. based on a declaration of ethnic affiliation.
In the same year, the Autonomous Province of Trento had approved Provincial Law No. 4, which was repealed by Article 37 of Provincial Law No. 6 of 2008 concerning the Protection and Promotion of Local Linguistic Minorities, which identifies the areas of historical settlement of Trentino’s minority communities (Article 3).
In Trentino, Ladin representation is guaranteed in the Provincial Council, and the right is granted to challenge before the Regional Administrative Court of Trento (by regional, provincial or municipal councillors, depending on the nature of the acts being challenged) administrative acts of public administration bodies and authorities based in the region, deemed to be in breach of the principle of equality between Italian-, Ladin-, Mòcheno- and Cimbrian-speaking citizens resident in the province.
Article 9 of the same law provides for a body to coordinate policies for linguistic minority populations, known as the Conference of Minorities.
The Conference sets out the policy guidelines for measures relating to the protection and promotion of minorities, monitoring the implementation of relevant legislation, including with a view to identifying new initiatives; it issues a mandatory opinion on the programme of measures for publishing and the media, as well as on the conventions and agreements referred to in Article 23, and a mandatory and binding opinion on the allocation of the provincial fund for minorities.
Article 24 establishes a Provincial Fund for the Protection of Local Linguistic Minorities, aimed at financing projects and initiatives to safeguard and promote the ethnic, cultural and linguistic characteristics of the Ladin, Mòcheno and Cimbrian populations residing within the territory of the Province of Trento.
Under Provincial Law No. 5 of 7 August 2006‘Trentino Education and Training System’, the Province has explicitly enshrined the principle of the protection of linguistic minorities, including within educational institutions located in Ladin, Mòcheno and Cimbrian municipalities. The law introduces special provisions governing the organisation of schools in the municipalities of the Fassa Valley, establishing the General Council for Education and Training, which is tasked with identifying the specific educational and training needs of the Ladin community and collaborating with the Province to define policy guidelines and planning documents concerning Ladin schools. It also regulates the procedures for appointing and the duties of the Ladin headteacher (“Sorastant de la Scola Ladina”), as well as the establishment of the Ladin office for training and educational research. With regard to the Mòcheni and the Cimbri, this law provides, in addition to guaranteeing representation on school governing bodies, the promotion of knowledge of the Mòcheno and Cimbrian cultures and languages, as well as the German language, to be implemented even in schools located outside minority areas, provided they are attended by Mòcheno and Cimbrian pupils.
The Provincial Law No. 7 of 23 July 2004, established the separation of the Mòcheno-Cimbro Institute into two distinct entities:the Mòcheno Cultural Institute for the promotion of the German-speaking communities in the municipalities of Palù del Fersina, Fierozzo and Frassilongo, andthe Cimbro Cultural Institute for the Cimbro minority in Luserna. There are therefore currently three cultural institutes for minority populations in our region (in addition to the two mentioned above, there is alsothe Ladin Cultural Institute ‘Majon de Fascegn’, established by Law No. 29 of 14 August 1975), bodies operating under the Province which, in accordance with their statutes, are responsible for promoting and safeguarding the language and culture of minority populations.
The Legislative Decree No. 178 of 4 April 2006, supplementing the implementing provisions of the Special Statute referred to in Decree-Law 592/93, stipulates that inthe Ladin-speaking areas of Trentino, public documents intended for the general public, individual public documents intended for public use and identity cards must be drawn up in Italian, followed by the text in Ladin. This provision definitively clarified the ambiguity contained in the provision concerning the use of Ladin in public documents (paragraph 3 of Article 1 of Legislative Decree No. 592 of 16 December 1993), which had significantly hampered its application.
Provincial Law No. 3 of 16 June 2006 (Provisions concerning the governance of Trentino’s autonomy) sets out,in Article 19, specific provisions for the territories of those municipalities where Ladin-, Mòcheno- and Cimbrian-speaking populations reside; in particular, the Comun general de Fascia is established within the territory corresponding to that of the Ladin municipalities. The latter is a local territorial body with political autonomy, the establishment of which falls within the scope of the municipalities listed in Article 114 of the Constitution; it therefore constitutes a unique feature within the legal system of the Republic. The Comun general de Fascia operates under its own statute, which is adopted by all the municipalities and approved by provincial law; provision is made for the direct election of its governing bodies and for a flag as its distinctive symbol.
It is worth quotingArticle 8 of Constitutional Law 1/2017 verbatim: ‘To the Comun general de Fascia, a supra-municipal body established within the territory corresponding to that of the municipalities referred to in Article 48, paragraph 3, the Region and the Province of Trento may assign, transfer or delegate administrative functions, tasks or activities of their own that are relevant to the promotion of the Ladin linguistic minority’.
As is evident, the Comun general de Fascia is not merely a local authority but represents, in itself, a measure for the protection and development of the linguistic minority. Indeed, the constitutional legislator, in recognising the Comun general de Fascia as the representative body of the Ladin community, considered that granting it a specific degree of administrative autonomy was the fundamental means of promoting its identity.
The provision does not list the powers that the Region and the Province may transfer to the Comun general de Fascia, but leaves it to them to identify these, subject only to the requirement that such powers be necessary and instrumental to the aim of promoting the Ladin linguistic minority.
Returning to Provincial Law No. 6 of 2008, it is worth noting that this is particularly comprehensive and innovative at national level, as it provides foran Authority dedicated to minorities (Article 10).
The Authority is a collegial body comprising three members appointed for a seven-year term without the possibility of reappointment, which operates with full autonomy and independence. Among its various responsibilities, it exercises powers of assessment, supervision and inspection to ensure the correct implementation of legislation concerning the protection and promotion of linguistic minorities.
The implementation of the protection measures provided for by provincial legislation has also led to the establishment, within the Office of the President of the Provincial Executive, of the Service for the Promotion of Local Linguistic Minorities, which has now become the Service for Linguistic Minorities and External Relations, acting as a point of contact for the linguistic minorities present in the Trentino region. Through an informal, direct and non-bureaucratic approach, the Service addresses the needs and expectations of citizens belonging to a linguistic minority, including in relation to the various sectors of the administration. From place-naming to bilingualism, from education to cultural preservation, minorities do indeed express specific needs, which must be addressed in a targeted manner, with particular attention to the linguistic aspect. The Service also promotes more formal opportunities for dialogue with political representatives from the Ladin, Mòcheno and Cimbrian municipalities. Meetings across the various territories are essential, as are links with external organisations – particularly through the academic world – to engage with developments beyond the province’s borders, coordinate new proposals and take on new challenges. These are particularly demanding challenges, as they require constant attention to diversity and the ability – particularly for the Ladin, Mòcheno and Cimbrian communities – to navigate a ‘global-local’ dimension, where openness to the world goes hand in hand with a firm grounding in one’s own roots.
From 2024, pursuant toArticle 146 quinquies, paragraph 2, of the Provincial Council’s Rules of Procedure, a special session of the Council dedicated to linguistic minorities is to be held, with the participation of representatives of the Ladin, Mòcheno and Cimbrian communities, who meet annually.
In 2025, following a proposal by the Autonomous Region of Trentino–Alto Adige/Südtirol, the Ladin, Mòcheno and Cimbrian Linguistic Minorities Day was established to celebrate and raise awareness amongst the entire population of the value of these linguistic groups.
Search for legislation relevant to linguistic minorities
The Linguistic Minorities and External Relations Service is responsible for the systematic collection ofEU, national, regional and provincial legislation, as well as case law and academic literature relating to the protection and promotion of linguistic minorities, and oversees their translation into Ladin and German.
Click on the link to access a page where you can consult all the listed legislative acts