The Dynamics Of The Protection Of Human Rights In Europe
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The Dynamics Of The Protection Of Human Rights In Europe
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Author : Lawson
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-10-09
The Dynamics Of The Protection Of Human Rights In Europe written by Lawson and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Law categories.
Over the years the protection of human rights, both at the regional level in Europe and at other levels, has been marked by profound change. This is certainly true of the way in which fundamental rights, such as the right to a fair trial, are interpreted and applied by international and domestic courts. New issues such as minority rights and the protection of economic, social and cultural rights have emerged. At the same time, a number of institutional questions have arisen amongst which the possibility of responding to urgent human rights abuses, the need to reform the monitoring mechanism of the European Convention on Human Rights, and the relationship between the Convention and the European Communities. This volume provides the reader with a comprehensive and challenging overview of the most topical aspects of the international protection of human rights.
The Dynamics Of The Protection Of Human Rights In Europe
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Author : Rick Lawson
language : en
Publisher: Brill - Nijhoff
Release Date : 1994
The Dynamics Of The Protection Of Human Rights In Europe written by Rick Lawson and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Action.
The Dynamics Of The Protection Of Human Rights In Europe
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Author :
language : en
Publisher:
Release Date : 1994
The Dynamics Of The Protection Of Human Rights In Europe written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Human rights categories.
European Union Human Rights Law
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Author : Marton Varju
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-03-28
European Union Human Rights Law written by Marton Varju 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 2014-03-28 with Law categories.
The European Union�s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This in
The European Convention For The Protection Of Human Rights
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Author : Mireille Delmas-Marty
language : en
Publisher: BRILL
Release Date : 2021-10-25
The European Convention For The Protection Of Human Rights written by Mireille Delmas-Marty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.
The Dynamics Of Development In The European Human Rights Convention System
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Author : Clovis C. Morrisson
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-08-31
The Dynamics Of Development In The European Human Rights Convention System written by Clovis C. Morrisson and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-08-31 with Political Science categories.
On the Commission and the Court.
The European Court Of Human Rights And Its Discontents
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Author : Spyridon Flogaitis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
The European Court Of Human Rights And Its Discontents written by Spyridon Flogaitis 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 2013-01-01 with Political Science categories.
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Fundamental Rights In Europe
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Author : Federico Fabbrini
language : en
Publisher: OUP Oxford
Release Date : 2014-02-13
Fundamental Rights In Europe written by Federico Fabbrini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-13 with Political Science categories.
The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.
Criticism Of The European Court Of Human Rights
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Author : Patricia Popelier
language : en
Publisher:
Release Date : 2016
Criticism Of The European Court Of Human Rights written by Patricia Popelier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil rights categories.
The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.
Protection Of Fundamental Rights In Europe
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Author : Sonia Morano-Foadi
language : en
Publisher: Springer Nature
Release Date : 2020-05-14
Protection Of Fundamental Rights In Europe written by Sonia Morano-Foadi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The ‘existential’ crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights’ regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.