Can The European Court Of Human Rights Shape European Public Order PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Can The European Court Of Human Rights Shape European Public Order PDF full book. Access full book title Can The European Court Of Human Rights Shape European Public Order.
| Author | : Kanstantsin Dzehtsiarou |
| Publisher | : Cambridge University Press |
| Total Pages | : 251 |
| Release | : 2021-12-02 |
| Genre | : Law |
| ISBN | : 1108752349 |
Download Can the European Court of Human Rights Shape European Public Order? Book in PDF, ePub and Kindle
In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.
| Author | : Spyridon Flogaitis |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 241 |
| Release | : 2013-01-01 |
| Genre | : Political Science |
| ISBN | : 178254612X |
Download The European Court of Human Rights and its Discontents Book in PDF, ePub and Kindle
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.
| Author | : Kanstantsin Dzehtsiarou |
| Publisher | : Cambridge University Press |
| Total Pages | : 251 |
| Release | : 2021-12-02 |
| Genre | : Law |
| ISBN | : 1108497365 |
Download Can the European Court of Human Rights Shape European Public Order? Book in PDF, ePub and Kindle
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
| Author | : Eva Brems |
| Publisher | : |
| Total Pages | : 367 |
| Release | : 2013 |
| Genre | : Civil rights |
| ISBN | : 9781107721029 |
Download Shaping Rights in the ECHR Book in PDF, ePub and Kindle
"In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law"--
| Author | : Patricia Popelier |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Human rights |
| ISBN | : 9781780680101 |
Download Human Rights Protection in the European Legal Order Book in PDF, ePub and Kindle
Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)
| Author | : Giorgio Repetto |
| Publisher | : Intersentia Uitgevers N V |
| Total Pages | : 251 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 9781780681184 |
Download The Constitutional Relevance of the ECHR in Domestic and European Law Book in PDF, ePub and Kindle
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
| Author | : Boštjan M. Zupančič |
| Publisher | : Eleven International Publishing |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Human rights |
| ISBN | : 9789462369030 |
Download On the European Court of Human Rights Book in PDF, ePub and Kindle
In this book the author gives his views on the workings of the European Court of Human Rights (ECHR), where he served as a judge for 18 years. The book deals with the author's subsequent successes, defeats and tribulations while attempting to introduce into the case law of the ECHR his previously well thought-out theoretical convictions. These convictions can be found in his essays published in The Owl of Minerva: Essays on Human Rights (2007) and his dissenting opinions which were published in The Owlets of Minerva (2011). Based on his many years of experience in the field, the author examines the dialectic relationship between the rule of law and law and order; between state and individual; judicial power of logic vs executive logic of power. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and inspire judicial reasoning and the balancing of justice vis-à-vis power and arbitrariness. In its almost 60 years of existence, the Court has been at the crossroads of two disparate modes of legal reasoning, the common law and the continental legal formalism. The author argues that the cause of the decline of the Court is its inability to adapt and to adopt reasoning by analogy. This thought-provoking book is of interest to academics in the field of law, human rights and constitutionalism. Click hereto read the ECJL interview with Bostjan Zupancic, the longest-serving judge at the European Court of Human Rights from 1998 to 2016.
| Author | : Kanstantsin Dzehtsiarou |
| Publisher | : Cambridge University Press |
| Total Pages | : 255 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1107041031 |
Download European Consensus and the Legitimacy of the European Court of Human Rights Book in PDF, ePub and Kindle
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
| Author | : Bychawska-Siniarska, Dominika |
| Publisher | : Council of Europe |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : Political Science |
| ISBN | : |
Download Protecting the right to freedom of expression under the European Convention on Human Rights Book in PDF, ePub and Kindle
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.
| Author | : Lauri Mälksoo |
| Publisher | : Cambridge University Press |
| Total Pages | : 444 |
| Release | : 2017-11-16 |
| Genre | : Political Science |
| ISBN | : 1108246591 |
Download Russia and the European Court of Human Rights Book in PDF, ePub and Kindle
Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.
