The European Human Rights Culture A Paradox Of Human Rights Protection In Europe

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The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

Nina-Louisa Arold Lorenz,Xavier Groussot,Gunnar Thor Petursson
The European Human Rights Culture A Paradox of Human Rights Protection in Europe Book PDF

Author : Nina-Louisa Arold Lorenz,Xavier Groussot,Gunnar Thor Petursson
Publisher : Martinus Nijhoff Publishers
Page : 309 pages
File Size : 42,5 Mb
Release : 2014-04-30
Category : Law
ISBN : 9789004258440

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The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? by Nina-Louisa Arold Lorenz,Xavier Groussot,Gunnar Thor Petursson Pdf

The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

The Legal Culture of the European Court of Human Rights

Nina-Louisa Arold
The Legal Culture of the European Court of Human Rights Book PDF

Author : Nina-Louisa Arold
Publisher : BRILL
Page : 224 pages
File Size : 43,7 Mb
Release : 2007-09-21
Category : Law
ISBN : 9789047421931

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The Legal Culture of the European Court of Human Rights by Nina-Louisa Arold Pdf

Without understanding the legal culture of the judges a full understanding of Strasbourg’s rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.

The EU and Human Rights

Philip Alston
The EU and Human Rights Book PDF

Author : Philip Alston
Publisher : Oxford University Press on Demand
Page : 946 pages
File Size : 51,5 Mb
Release : 1999
Category : Law
ISBN : 0198298099

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The EU and Human Rights by Philip Alston Pdf

For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. Whether in relation to access to Community justice, sex equality, race and disability discrimination, or policing, or in its external policies from Kosovo to China, the Union needs new principles, procedures and institutions to design and implement an effective set of human rights policies. The introduction of a single currency, the problems of racism and xenophobia, the need for a humane refugee policy, the growing powers of the EU in many fields, and the Unions imminent eastward expansion, all make it urgent to adopt such policies. In this volume the leading experts in the field, including individuals from every EU country, provide an insightful critique of current policies and detailed recommendations for the future. The volume includes comprehensive analyses of: the competencies of the EU in human rights, access to justice,the Third Pillar,

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 52,7 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Shifting Centres of Gravity in Human Rights Protection

Oddný Mjöll Arnardóttir,Antoine Buyse
Shifting Centres of Gravity in Human Rights Protection Book PDF

Author : Oddný Mjöll Arnardóttir,Antoine Buyse
Publisher : Routledge
Page : 324 pages
File Size : 53,9 Mb
Release : 2016-02-26
Category : Law
ISBN : 9781317309093

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Shifting Centres of Gravity in Human Rights Protection by Oddný Mjöll Arnardóttir,Antoine Buyse Pdf

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

The EU Accession to the ECHR

Fisnik Korenica
The EU Accession to the ECHR Book PDF

Author : Fisnik Korenica
Publisher : Springer
Page : 471 pages
File Size : 48,5 Mb
Release : 2015-08-25
Category : Law
ISBN : 9783319217598

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The EU Accession to the ECHR by Fisnik Korenica Pdf

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

Dawn Raids Under Challenge

Helene Andersson
Dawn Raids Under Challenge Book PDF

Author : Helene Andersson
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 51,7 Mb
Release : 2024-06-13
Category : Law
ISBN : 9781509969432

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Dawn Raids Under Challenge by Helene Andersson Pdf

The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.

Definition and Development of Human Rights and Popular Sovereignty in Europe

European Commission for Democracy through Law,Council of Europe
Definition and Development of Human Rights and Popular Sovereignty in Europe Book PDF

Author : European Commission for Democracy through Law,Council of Europe
Publisher : Council of Europe
Page : 236 pages
File Size : 54,7 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9287171343

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Definition and Development of Human Rights and Popular Sovereignty in Europe by European Commission for Democracy through Law,Council of Europe Pdf

What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Fundamental Rights in the EU

Sonia Morano-Foadi,Lucy Vickers
Fundamental Rights in the EU Book PDF

Author : Sonia Morano-Foadi,Lucy Vickers
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 42,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782258902

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Fundamental Rights in the EU by Sonia Morano-Foadi,Lucy Vickers Pdf

This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.

Due Process and Fair Trial in EU Competition Law

Cristina Teleki
Due Process and Fair Trial in EU Competition Law Book PDF

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 41,5 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

European Legal Cultures in Transition

Åse B. Grødeland,William L. Miller
European Legal Cultures in Transition Book PDF

Author : Åse B. Grødeland,William L. Miller
Publisher : Cambridge University Press
Page : 589 pages
File Size : 55,6 Mb
Release : 2015-07-24
Category : History
ISBN : 9781107050358

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European Legal Cultures in Transition by Åse B. Grødeland,William L. Miller Pdf

Provides a novel methodological approach to the study of popular and professional legal culture within the European context.

Towards Recognition of Minority Groups

Marek Zirk-Sadowski,Bartosz Wojciechowski
Towards Recognition of Minority Groups Book PDF

Author : Marek Zirk-Sadowski,Bartosz Wojciechowski
Publisher : Routledge
Page : 437 pages
File Size : 43,5 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317008880

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Towards Recognition of Minority Groups by Marek Zirk-Sadowski,Bartosz Wojciechowski Pdf

This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.

Reed and Murdoch: Human Rights Law in Scotland

Jim L Murdoch
Reed and Murdoch Human Rights Law in Scotland Book PDF

Author : Jim L Murdoch
Publisher : Bloomsbury Publishing
Page : 1405 pages
File Size : 53,5 Mb
Release : 2017-03-17
Category : Law
ISBN : 9781784511944

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Reed and Murdoch: Human Rights Law in Scotland by Jim L Murdoch Pdf

Human Rights Law in Scotland, Fourth Edition provides essential practical guidance to the Scottish legal profession. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR (European Court of Human Rights) jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The fourth edition of this highly regarded work has been fully updated to reflect legislative changes to the Scotland Act 2012 (amending the Scotland Act 1998) and coverage of two new Protocols to the ECHR, as well as new case law and developments in jurisprudence. This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and up-to-date guide to the application of European human rights law in Scotland. Previous print edition ISBN: 9781847665560

An Ever-Changing Union?

Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski
An Ever Changing Union Book PDF

Author : Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski
Publisher : Bloomsbury Publishing
Page : 466 pages
File Size : 46,9 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509923670

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An Ever-Changing Union? by Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski Pdf

Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.

Implementing Article 12 of the UN Convention on the Rights of the Child

Rebecca Thorburn Stern
Implementing Article 12 of the UN Convention on the Rights of the Child Book PDF

Author : Rebecca Thorburn Stern
Publisher : BRILL
Page : 222 pages
File Size : 45,6 Mb
Release : 2017-07-31
Category : Law
ISBN : 9789004324053

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Implementing Article 12 of the UN Convention on the Rights of the Child by Rebecca Thorburn Stern Pdf

In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child Rebecca Thorburn Stern analyses how CRC state parties explain their implementation of Article 12 on respect for the child’s views.