The European Court And Civil Society

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The European Court and Civil Society

Author : Rachel A. Cichowski
Publisher : Cambridge University Press
Page : 260 pages
File Size : 43,5 Mb
Release : 2007-03-08
Category : Political Science
ISBN : 9781139462358

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The European Court and Civil Society by Rachel A. Cichowski Pdf

The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

The European Court and Civil Society

Author : Rachel A. Cichowski
Publisher : Unknown
Page : 312 pages
File Size : 51,9 Mb
Release : 2014-05-14
Category : Civil society
ISBN : 0511275366

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The European Court and Civil Society by Rachel A. Cichowski Pdf

Examines the interactions between the European Court, civil society and governance.

Judicial Activism at the European Court of Justice

Author : Bruno de Witte,Elise Muir,Mark Dawson
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 54,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857939401

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Judicial Activism at the European Court of Justice by Bruno de Witte,Elise Muir,Mark Dawson Pdf

ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

Civil Society in Europe

Author : Tymen J. van der Ploeg,Wino J. M. van Veen,Cornelia R. M. Versteegh
Publisher : Cambridge University Press
Page : 605 pages
File Size : 49,8 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781107146082

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Civil Society in Europe by Tymen J. van der Ploeg,Wino J. M. van Veen,Cornelia R. M. Versteegh Pdf

This book explores how civil society organisations are, and might best be, regulated in Europe, at both the regional and domestic level.

Civil Society and Legitimate European Governance

Author : Stijn Smismans
Publisher : Edward Elgar Publishing
Page : 348 pages
File Size : 41,9 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9781847200198

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Civil Society and Legitimate European Governance by Stijn Smismans Pdf

Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.

European Court of Human Rights

Author : Dia Anagnostou
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 44,8 Mb
Release : 2013-04-22
Category : Law
ISBN : 9780748670581

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European Court of Human Rights by Dia Anagnostou Pdf

Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.

Civil Society, International Courts and Compliance Bodies

Author : Tullio Treves
Publisher : Cambridge University Press
Page : 348 pages
File Size : 44,9 Mb
Release : 2005
Category : Law
ISBN : 9067041866

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Civil Society, International Courts and Compliance Bodies by Tullio Treves Pdf

With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.

European Court of Human Rights

Author : Dia Anagnostou
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 49,9 Mb
Release : 2013-04-22
Category : Law
ISBN : 9780748670598

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European Court of Human Rights by Dia Anagnostou Pdf

This collection explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. Discover how marginalised individuals, civil society and minority act

Human Rights Law and Evidence-Based Policy

Author : Rosemary Byrne,Han Entzinger
Publisher : Routledge
Page : 239 pages
File Size : 55,7 Mb
Release : 2019-12-06
Category : Law
ISBN : 9780429588655

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Human Rights Law and Evidence-Based Policy by Rosemary Byrne,Han Entzinger Pdf

The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA’s evidence-based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.

The European Court of Human Rights between Law and Politics

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 1115 pages
File Size : 45,7 Mb
Release : 2013-09-05
Category : Law
ISBN : 9780191509971

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The European Court of Human Rights between Law and Politics by Jonas Christoffersen,Mikael Rask Madsen Pdf

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

Access to European Justice for Environmental Civil Society Organizations

Author : Inga Immel
Publisher : Europäische Hochschulschriften / European University Studies / Publications Universitaires Européennes
Page : 318 pages
File Size : 40,5 Mb
Release : 2011
Category : Civil society
ISBN : UCSD:31822039408349

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Access to European Justice for Environmental Civil Society Organizations by Inga Immel Pdf

This book examines, in line with the demands of the Aarhus Convention, the participation opportunities for civil society organizations in the area of environmental protection at the European Union (EU) Institutions throughout the policy cycle as a whole. The study aims at alleviating the paradox that arises in litigation in environmental matters before the European Court of Justice. For this purpose, the current standing rules are assessed and potential reforms are discussed in detail. Based on the rules existing in, for instance, the EU Member States and the USA, the author formulates a proposal for a new article in the Statutes and Rules of Procedure of the European Court of Justice to allow for the submission of amicus curiae briefs.

Markets and Civil Society

Author : Victor Pérez-Díaz
Publisher : Berghahn Books
Page : 279 pages
File Size : 54,7 Mb
Release : 2009-07-01
Category : History
ISBN : 9781845459376

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Markets and Civil Society by Victor Pérez-Díaz Pdf

The nature of the currently emerging European society, which includes the economic and social transformation of Eastern and Central European countries, has been hotly debated. At its center is the relationship between markets and civil society within political and social contexts. The contributors to this volume offer perspectives from various disciplines (the social sciences, conceptual history, law, economics) and from several European countries in order to explore the ways in which markets influence various forms of civil society, such as individual freedom, social cohesion, economic effectiveness and democratic governance, and influence the construction of a civil society in a broader sense.

The European Convention on Human Rights

Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 54,8 Mb
Release : 2006-11-30
Category : Law
ISBN : 9781139461962

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The European Convention on Human Rights by Steven Greer Pdf

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Human rights in Europe: no grounds for complacency

Author : Council of Europe
Publisher : Council of Europe
Page : 376 pages
File Size : 45,8 Mb
Release : 2013-04-01
Category : Political Science
ISBN : 9789287177773

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Human rights in Europe: no grounds for complacency by Council of Europe Pdf

Political rhetoric on human rights in Europe is different from daily reality. Almost every politician is on record as favouring the protection of freedom and justice. Standards on human rights have been agreed at European and international level; many have been integrated into national law; but they are not consistently enforced. There is an implementation gap.It is this implementation gap that this book seeks to address. It is built on a compilation of separate "viewpoints" or articles which Thomas Hammarberg has written, and later updated, since beginning his mandate as Council of Europe Commissioner for Human Rights in April 2006. He has now visited almost all of the 47 member states of the Council of Europe. On each visit he has met victims of violations of human rights and their families, leading politicians, prosecutors, judges, ombudsmen, religious leaders, journalists and civil society representatives as well as inmates of prisons and other institutions, law enforcement personnel and others. The "viewpoints" written on the basis of these many visits summarise his reflections, conclusions and recommendations.

Domestic Politics and International Human Rights Tribunals

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 207 pages
File Size : 44,7 Mb
Release : 2014-02-10
Category : Law
ISBN : 9781107040229

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Domestic Politics and International Human Rights Tribunals by Courtney Hillebrecht Pdf

International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.