The Impact Of The Echr On Democratic Change In Central And Eastern Europe
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Author : Iulia Motoc,Ineta Ziemele Publisher : Unknown Page : 128 pages File Size : 51,6 Mb Release : 2016 Category : Convention for the Protection of Human Rights and Fundamental Freedoms ISBN : 1316562735
Democratization in Eastern Europe by Geoffrey Pridham,Tatu Vanhanen Pdf
This book is an attempt to tackle the problem of democratization in East-Central Europe from a variety of theoretical perspectives. Its contributors look at the process of change within a comparative framework, discussing the emergence of multi-party and new electoral systems, comparing democratic transition in other parts of the world with that of Eastern Europe and analysing that region's relationship with the Soviet Union. Democratization in Eastern Europe will be indespensable to upper-level students of East European Politics, and will also be useful for those with more comparative and theoretical interests.
Democratic Consolidation in Eastern Europe: Volume 2: International and Transnational Factors by Jan Zielonka,Alex Pravda Pdf
This is the second volume in a two-volume series of books on democratic consolidation in Eastern Europe. The first volume focused on the issue of institutional engineering. This second volume analyses the external parameters of democratic consolidation in thirteen Eastern European countries: how different international actors and various economic, cultural and security types of transnational pressures have shaped democratic politics in the region. The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it seeks to establish what has really happened in the region, and which of the existing theories are helpful in explaining these developments. The volume is divided into two parts. The first part presents a conceptual and comparative frame of analysis, the second consists of detailed studies of individual countries undergoing democratic consolidation. Case study chapters deal with the following countries: Estonia and Latvia, Hungary, Poland, the Czech Republic, Slovakia, Romania, Bulgaria and Macedonia, the states of former Yugoslavia, Belarus and Ukraine, and finally Russia. The concluding chapter identifies a set of variables responsible for the enormous impact of external factors on democratic consolidation in Eastern Europe. It conceptualises the interplay of internal and external factors impinging upon democracy, and shows the interplay of different positive and negative types of external pressures. It also evaluates the conscious Western effort to craft or engineer democracy in Eastern Europe.
The Concept of Democracy in the Political Transformations of Central and Eastern Europe by Maximilian Spinner Pdf
Seminar paper from the year 2003 in the subject Politics - Political Theory and the History of Ideas Journal, grade: A-, Central European University Budapest (Dep. of Political Science), 17 entries in the bibliography, language: English, abstract: Based on the Hungarian and Polish cases of negotiated transition to democracy in 1989/90 this essay looks into the philosophical concept of democracy pursued by the main protagonists.
The European Court of Human Rights in the Post-Cold War Era by James A. Sweeney Pdf
This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. The book analyses how the Court has responded to the difficult circumstances presented by the new Contracting Parties.
Democracy and Political Culture in Eastern Europe by Hans-Dieter Klingemann,Dieter Fuchs,Jan Zielonka Pdf
What is the relationship between democracy and political culture in countries undergoing major systemic change? Have subjective political orientations of citizens been important in shaping the development of democracy in central and eastern Europe after the fall of communism? These core questions are tackled by an impressive range of twenty political scientists, sixteen of which are based in the central and eastern European countries covered in this essential new book. Their analyses draw on a unique set of data collected and processed by the contributors to this volume within the framework of the World Values Survey project. This data enables these authors to establish similarities and differences in support of democracy between a large number of countries with different cultural and structural conditions as well as historical legacies. The macro-level findings of the book tend to support the proposition that support of democracy declines the further east one goes. In contrast, micro-level relationships have been found to be astonishingly similar. For example, support of democracy is always positively related to higher levels of education – no matter where an individual citizen happens to live. This new book builds a clear understanding of what makes democracies strong and resistant to autocratic temptation.
The Impact of European Institutions on the Rule of Law and Democracy by Matej Avbelj,Jernej Letnar Cernic Pdf
Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
Compliance with Judgments of the European Court of Human Rights by Ramute Remezaite Pdf
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
The Max Planck Handbooks in European Public Law by Armin von Bogdandy,Huber Peter M.,Christoph Grabenwarter Pdf
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Domestic Judicial Treatment of European Court of Human Rights Case Law by David Kosař,Jan Petrov,Katarína Šipulová,Hubert Smekal,Ladislav Vyhnánek,Jozef Janovský Pdf
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.
Hate Speech and Human Rights in Eastern Europe by Viera Pejchal Pdf
Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.
Legal Developments During 30 Years of Lithuanian Independence by Gintaras Švedas,Donatas Murauskas Pdf
This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country’s complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.
