Shifting Centres Of Gravity In Human Rights Protection
DOWNLOAD
READ ONLINE
Download Shifting Centres Of Gravity In Human Rights Protection PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Shifting Centres Of Gravity In Human Rights Protection book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Shifting Centres Of Gravity In Human Rights Protection
DOWNLOAD
READ ONLINE
Author : Oddný Mjöll Arnardóttir
language : en
Publisher: Routledge
Release Date : 2016-02-26
Shifting Centres Of Gravity In Human Rights Protection written by Oddný Mjöll Arnardóttir and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with Law categories.
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.
Shifting Centres Of Gravity In Human Rights Protection
DOWNLOAD
READ ONLINE
Author : Oddný Mjöll Arnardóttir
language : en
Publisher: Routledge
Release Date : 2016-02-26
Shifting Centres Of Gravity In Human Rights Protection written by Oddný Mjöll Arnardóttir and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with Law categories.
The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. 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.
Exporting The European Convention On Human Rights
DOWNLOAD
READ ONLINE
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.
Human Rights In The Council Of Europe And The European Union
DOWNLOAD
READ ONLINE
Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29
Human Rights In The Council Of Europe And The European Union written by Steven Greer 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 2018-03-29 with Law categories.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
The European Union As Protector And Promoter Of Equality
DOWNLOAD
READ ONLINE
Author : Thomas Giegerich
language : en
Publisher: Springer Nature
Release Date : 2020-07-06
The European Union As Protector And Promoter Of Equality written by Thomas Giegerich and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-06 with Law categories.
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
Cyprus At The European Court Of Human Rights
DOWNLOAD
READ ONLINE
Author : Costas Paraskeva
language : en
Publisher: BRILL
Release Date : 2022-06-20
Cyprus At The European Court Of Human Rights written by Costas Paraskeva and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-20 with Law categories.
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
Domestic Judicial Treatment Of European Court Of Human Rights Case Law
DOWNLOAD
READ ONLINE
Author : David Kosař
language : en
Publisher: Routledge
Release Date : 2020-02-28
Domestic Judicial Treatment Of European Court Of Human Rights Case Law written by David Kosař and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
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.
The Individual Application Under The European Convention On Human Rights
DOWNLOAD
READ ONLINE
Author : Linos-Alexandre Sicilianos
language : en
Publisher: Council of Europe
Release Date : 2019-06-27
The Individual Application Under The European Convention On Human Rights written by Linos-Alexandre Sicilianos and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Political Science categories.
An indispensable practical guide for any potential applicant and any legal professional This book, which is a practical guide aimed at both professional lawyers and potential applicants, clearly and comprehensively describes and analyses the main stages in the processing of an application before the organs of the European Convention on Human Rights. Detailed descriptions are provided of the Convention system, the Rules of the European Court of Human Rights and the procedures which the Court has developed to expedite and optimise case processing. Crafted by two specialists on the Convention, Linos-Alexandre Sicilianos, the current President of the European Court of Human Rights, and Maria-Andriani Kostopoulou, a lawyer at the Greek Court of Cassation, the book does not merely explain how to prepare and lodge an application, in particular as regards the formal requirements and admissibility criteria; it also presents a detailed assessment of a case by the various formations of the Court, covering all stages right through to the conclusion of proceedings. Finally, having analysed the judicial stage, the book goes on to describe the procedure for supervision of the execution of judgments before the Committee of Ministers of the Council of Europe.
The Architecture Of Fundamental Rights In The European Union
DOWNLOAD
READ ONLINE
Author : Šejla Imamovic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10
The Architecture Of Fundamental Rights In The European Union written by Šejla Imamovic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.
This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
The European Court Of Human Rights
DOWNLOAD
READ ONLINE
Author : Helmut P. Aust
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
The European Court Of Human Rights written by Helmut P. Aust 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 2021-04-30 with Law categories.
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.