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Council of Europe Law

Council of Europe Law
Author: Florence Benoît-Rohmer
Publisher: Council of Europe
Total Pages: 248
Release: 2005-01-01
Genre: Business & Economics
ISBN: 9287155941

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Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.


The Council of Europe

The Council of Europe
Author: Stefanie Schmahl
Publisher: Oxford University Press
Total Pages: 1110
Release: 2017-03-16
Genre: Law
ISBN: 0191653144

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The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.


Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union
Author: Steven Greer
Publisher: Cambridge University Press
Total Pages: 562
Release: 2018-03-29
Genre: Law
ISBN: 1108647456

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Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.


Human Rights Monitoring Mechanisms of the Council of Europe

Human Rights Monitoring Mechanisms of the Council of Europe
Author: Gauthier De Beco
Publisher: Routledge
Total Pages: 266
Release: 2012
Genre: Law
ISBN: 0415581621

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This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter will be written by an expert in the field. The introduction to the volume will outline the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion will provide an evaluation of their effectiveness and consider future perspectives.


Harold in Italien

Harold in Italien
Author: Jörg Polakiewicz
Publisher: Council of Europe
Total Pages: 224
Release: 1999-01-01
Genre: Political Science
ISBN: 9789287138996

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Analyzes procedures for treaty-making & treaty application in the Council of Europe


State of democracy, human rights and the rule of law 2021

State of democracy, human rights and the rule of law 2021
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 148
Release: 2021-05-11
Genre: Political Science
ISBN:

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Democracy is in distress! The Secretary General of the 47-nation Council of Europe, Marija Pejčinović Burić, has highlighted a “clear and worrying degree of democratic backsliding” in her latest annual report on the state of democracy, human rights and the rule of law across the continent. “In many cases, the problems we are seeing predate the coronavirus pandemic but there is no doubt that legitimate actions taken by national authorities in response to Covid-19 have compounded the situation. The danger is that our democratic culture will not fully recover,” said the Secretary General. “Our member states now face a choice. They can continue to permit or facilitate this democratic backsliding or they can work together to reverse this trend, to reinforce and renew European democracy and to create an environment in which human rights and the rule of law flourish. “This is the right option for the 830 million people who live in the Council of Europe area.” Based on the findings of different Council of Europe bodies, including the European Court of Human Rights, the Secretary General’s report assesses recent developments in areas including political institutions and judicial independence, freedom of expression and association, human dignity, anti-discrimination and democratic participation. The report encourages member states to use existing and future Council of Europe mechanisms to address many of the challenges identified, on the basis of the following key principles: - National authorities should return to fundamental democratic principles and recommit to Council of Europe legal standards, including the implementation of judgments from the European Court of Human Rights; - Member states should fully embrace the multilateralism embodied by the Council of Europe for more than 70 years; - Covid-related restrictions and measures must not only be necessary and proportionate, but also limited in duration; - National authorities should embrace democratic culture, recognising where their words, activities or legislation have diminished that culture by reducing civic space, by intimidating or preventing individuals, organisations and NGOs from exercising their freedom of speech or assembly, or by excluding people from participating fully in society.


Law and Practice of the European Convention on Human Rights and the European Social Charter

Law and Practice of the European Convention on Human Rights and the European Social Charter
Author: Donna Gomien
Publisher: Manhattan Publishing Company
Total Pages: 488
Release: 1996
Genre: Law
ISBN:

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Council of Europe Publishing brings together in one book a comprehensive explanation of the two main human rights texts encompassing both civil & political rights & economic, social & cultural rights: the European Convention on Human Rights & the European Social Charter. This book explains both the substantive legal standards contained in the Convention & the Charter & the means by which those standards evolve in response to a changing Europe. In the form of over 300 case studies, it brings to life concrete situations in which these rights have been questioned & defended. This book is targeted at university students in international law & at all those interested in the human rights challenge in Europe. But it also sheds light on similarities with other national structures, in the US & in a number of Commonwealth countries.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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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.


Democracy and Human Rights for Europe

Democracy and Human Rights for Europe
Author: Jean Petaux
Publisher: Council of Europe
Total Pages: 344
Release: 2009-01-01
Genre: Political Science
ISBN: 9789287166678

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Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.