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The European Court And Civil Society
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Book Synopsis The European Court and Civil Society by : Rachel A. Cichowski
Download or read book The European Court and Civil Society written by Rachel A. Cichowski and published by Cambridge University Press. This book was released on 2007-03-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
Book Synopsis The European Court and Civil Society by : Rachel A. Cichowski
Download or read book The European Court and Civil Society written by Rachel A. Cichowski and published by . This book was released on 2014-05-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the interactions between the European Court, civil society and governance.
Book Synopsis Judicial Activism at the European Court of Justice by : Bruno de Witte
Download or read book Judicial Activism at the European Court of Justice written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Book Synopsis European Court of Human Rights by : Dia Anagnostou
Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Book Synopsis Civil Society in Europe by : Tymen J. van der Ploeg
Download or read book Civil Society in Europe written by Tymen J. van der Ploeg and published by Cambridge University Press. This book was released on 2017-06-01 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next, civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.
Book Synopsis Civil Society and Legitimate European Governance by : Stijn Smismans
Download or read book Civil Society and Legitimate European Governance written by Stijn Smismans and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.
Book Synopsis Civil Society, International Courts and Compliance Bodies by : Tullio Treves
Download or read book Civil Society, International Courts and Compliance Bodies written by Tullio Treves and published by Cambridge University Press. This book was released on 2005 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.
Book Synopsis European Court of Human Rights by : Dia Anagnostou
Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. Discover how marginalised individuals, civil society and minority act
Book Synopsis Human Rights Law and Evidence-Based Policy by : Rosemary Byrne
Download or read book Human Rights Law and Evidence-Based Policy written by Rosemary Byrne and published by Routledge. This book was released on 2019-12-06 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA’s evidence-based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.
Book Synopsis Markets and Civil Society by : Victor Pérez-Díaz
Download or read book Markets and Civil Society written by Victor Pérez-Díaz and published by Berghahn Books. This book was released on 2009-07-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature of the currently emerging European society, which includes the economic and social transformation of Eastern and Central European countries, has been hotly debated. At its center is the relationship between markets and civil society within political and social contexts. The contributors to this volume offer perspectives from various disciplines (the social sciences, conceptual history, law, economics) and from several European countries in order to explore the ways in which markets influence various forms of civil society, such as individual freedom, social cohesion, economic effectiveness and democratic governance, and influence the construction of a civil society in a broader sense.
Book Synopsis Access to European Justice for Environmental Civil Society Organizations by : Inga Immel
Download or read book Access to European Justice for Environmental Civil Society Organizations written by Inga Immel and published by Europäische Hochschulschriften / European University Studies / Publications Universitaires Européennes. This book was released on 2011 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines, in line with the demands of the Aarhus Convention, the participation opportunities for civil society organizations in the area of environmental protection at the European Union (EU) Institutions throughout the policy cycle as a whole. The study aims at alleviating the paradox that arises in litigation in environmental matters before the European Court of Justice. For this purpose, the current standing rules are assessed and potential reforms are discussed in detail. Based on the rules existing in, for instance, the EU Member States and the USA, the author formulates a proposal for a new article in the Statutes and Rules of Procedure of the European Court of Justice to allow for the submission of amicus curiae briefs.
Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen
Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2011-06-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.
Book Synopsis Human rights in Europe: no grounds for complacency by : Council of Europe
Download or read book Human rights in Europe: no grounds for complacency written by Council of Europe and published by Council of Europe. This book was released on 2013-04-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political rhetoric on human rights in Europe is different from daily reality. Almost every politician is on record as favouring the protection of freedom and justice. Standards on human rights have been agreed at European and international level; many have been integrated into national law; but they are not consistently enforced. There is an implementation gap.It is this implementation gap that this book seeks to address. It is built on a compilation of separate "viewpoints" or articles which Thomas Hammarberg has written, and later updated, since beginning his mandate as Council of Europe Commissioner for Human Rights in April 2006. He has now visited almost all of the 47 member states of the Council of Europe. On each visit he has met victims of violations of human rights and their families, leading politicians, prosecutors, judges, ombudsmen, religious leaders, journalists and civil society representatives as well as inmates of prisons and other institutions, law enforcement personnel and others. The "viewpoints" written on the basis of these many visits summarise his reflections, conclusions and recommendations.
Book Synopsis The European Convention on Human Rights by : Steven Greer
Download or read book The European Convention on Human Rights written by Steven Greer and published by Cambridge University Press. This book was released on 2006-11-30 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Book Synopsis Making Social Rights Real by : Rodríguez, Cesar
Download or read book Making Social Rights Real written by Rodríguez, Cesar and published by Djusticia. This book was released on 2014-04-30 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the disappointing implementation levels in various countries and across human rights systems, this guide seeks to contribute to the discussion regarding strategies for courts, international decision-makers, and civil society to increase the implementation of ESCR decisions. For generations, human rights defenders have struggled to secure recognition of economic, social and cultural rights (ESC rights) and ensure their justiciability in national, regional and international courts, a struggle that has been very successful. National courts around the world, including in Colombia, India, South Africa and Kenya, are expressing their views on ESC rights on a regular basis, and several countries have explicitly included the justiciability of ESC rights in their constitutions. Regional tribunals such as the Inter-American Court of Human Rights and the African Commission on Human and Peoples’ Rights now consider petitions on ESCR. At the international level, in 2013, the Optional Protocol to the International Covenant on Economic and Social Rights entered into force, allowing the Committee on Economic and Social Rights to hear individual complaints concerning violations of ESC rights
Book Synopsis Politics of International Human Rights Law Promotion in Western Europe by : Koldo Casla
Download or read book Politics of International Human Rights Law Promotion in Western Europe written by Koldo Casla and published by Routledge. This book was released on 2019-06-19 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical reinterpretation of Western European States’ programmatic support for International Human Rights Law (IHRL) since the 1970s. It examines the systemic or structural constraints inherent to the international legal system and argues that order trumps justice in Western Europe’s promotion of international human rights norms. The book shows that IHRL evolved as a result of a tension between two forces: A European understanding of international society, based on order, the centrality of the State and a minimalist conception of human rights; and a civil society and UN-promoted, mostly Western, particularly European but broader conception of human rights, based on justice. As such, human rights norms emerge and develop when (some) states’ idea of order meets with advocates’ idea of justice. We are living a historical juncture of shifting tectonic plates with rising nationalism in the Global North, ever growing power in the Global South and a declining presence of Europe in global affairs. The conditions under which IHRL emerged have fundamentally changed and unpacking the factors beneath the international recognition of human rights has never been more pressing. This book will be of key interest to scholars, students and practitioners in human rights law, public international law, international relations, critical legal theory and in European politics.
Book Synopsis Compliance with Judgments of the European Court of Human Rights by : Ramute Remezaite
Download or read book Compliance with Judgments of the European Court of Human Rights written by Ramute Remezaite and published by BRILL. This book was released on 2023-12-18 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
