Building Consensus On European Consensus

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Building Consensus On European Consensus
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Author : Panos Kapotas
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-17
Building Consensus On European Consensus written by Panos Kapotas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Law categories.
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Building Consensus On European Consensus
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Author : Panos Kapotas
language : en
Publisher:
Release Date : 2018
Building Consensus On European Consensus written by Panos Kapotas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Human rights categories.
The European Court Of Human Rights
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Author : Angelika Nussberger
language : en
Publisher: Oxford University Press
Release Date : 2020-05-30
The European Court Of Human Rights written by Angelika Nussberger and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-30 with Law categories.
The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Exporting The European Convention On Human Rights
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Author : Maria-Louiza Deftou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-10-20
Exporting The European Convention On Human Rights written by Maria-Louiza Deftou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.
Handbook On The European Convention On Human Rights
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Author : Mark Eugen Villiger
language : en
Publisher: BRILL
Release Date : 2022-12-05
Handbook On The European Convention On Human Rights written by Mark Eugen Villiger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Law categories.
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. The Handbook has been written largely for practitioners such as lawyers, judges and persons in administrative functions, but will also be invaluable to university teachers and academic researchers. Meticulously compiled, authoritative and practical, it is a must-have resource for anyone concerned with the protection of human rights in Europe. The author served as a Judge at the Court for nine years, three of them as Section President. He is a retired Professor for International and European Law at the University of Zurich in Switzerland. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
Eu Values Before The Court Of Justice
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Author : Luke Dimitrios Spieker
language : en
Publisher: Oxford University Press
Release Date : 2023
Eu Values Before The Court Of Justice written by Luke Dimitrios Spieker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Yearbook Of The European Convention On Human Rights Annuaire De La Convention Europ Enne Des Droits De L Homme Volume 62 2019
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Author : Council of Europe/Conseil de l'Europe
language : en
Publisher: BRILL
Release Date : 2020-12-16
Yearbook Of The European Convention On Human Rights Annuaire De La Convention Europ Enne Des Droits De L Homme Volume 62 2019 written by Council of Europe/Conseil de l'Europe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-16 with Law categories.
The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. Selected human rights (DH) resolutions adopted as part of the Committee of Ministers’ work supervising the execution of the Court’s judgments. Enquiries by the Secretary General carried out under Article 52 of the Convention. Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights and Legal Affairs. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.
Between Forbearance And Audacity
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Author : Ezgi Yildiz
language : en
Publisher: Cambridge University Press
Release Date : 2023-11-16
Between Forbearance And Audacity written by Ezgi Yildiz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-16 with Law categories.
When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.
Gender And The European Court Of Human Rights
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Author : Sanna Elfving
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-07
Gender And The European Court Of Human Rights written by Sanna Elfving and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-07 with Law categories.
In applying an intersectional feminist legal analysis of the European Court of Human Rights’ case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. Case law within the ECtHR, which does not explicitly raise gender issues, may have gendered consequences. Profound developments have occurred in Europe in several related areas, including gender equality case law in the context of the prohibition of discrimination under Article 14 of the European Convention on Human Rights; non-conventional parenting rights; discrimination on grounds of sexual orientation and gender identity; rights of asylum seekers; and family reunification rights in the past few decades. The analysis reveals the extent to which the Court considers an applicant’s gender, intersectional inequalities, and the concept of ‘vulnerability’ in its case law. This book contributes to existing literature on gender equality, gender and judging in supranational courts. Furthermore, it highlights the intersectional discrimination experienced by women and diasporic or minoritised groups by uncovering new dimensions of vulnerabilities. This book will be of interest to researchers in the field of European human rights law, gender, and intersectional issues.