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Democracy and Human Rights for Europe
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 b...
Council of Europe Law
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.
Reinforcing Rule of Law Oversight in the European Union
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
European Standards of Electoral Law in Contemporary Constitutionalism
This volume includes the reports presented at the seminar on "European standards of electoral law in contemporary constitutionalism" organised by the Venice Commission in co-operation with the Constitutional Court of the Republic of Bulgaria in Sofia (Bulgaria), on 28 and 29 May 2004. Electoral law and co-operation with constitutional courts and courts of equivalent jurisdiction have been two of the main areas of the activities of the Venice Commission since its creation in 1990. The reports cover such fundamental issues as the advantages and shortcomings of different electoral systems, the case law of higher national courts on electoral disputes, the participation of foreigners in the electoral process at the local level, the electoral rights of individuals having the citizenship of other European countries and the possible development of electoral law within the European Union.
The right to free elections
The right to free elections is one of the most difficult rights to define: while it is an objective and essential principle in any democratic society, it is also a fundamental personal right on which every citizen can rely. It is an individual right, but it is meaningful only as part of a collective process. That same right, in conjunction with the right to vote and the right to stand for election, needs to be practised in a democratic way which also brings into play many other rights and freedoms, before, during and after the election itself. It is also one of the most highly valued rights at the Council of Europe because it helps to promote the “true democracy” which underpins the Organisation, alongside the rule of law and the honouring of fundamental freedoms. This book examines the main Council of Europe legal texts and sources on this topic: conventions, resolutions, recommendations and guidelines, without forgetting the abundant case law of the European Court of Human Rights. It is a work for legal practitioners, students and, more generally, anyone interested in how Europe and democracy go hand in hand.
Law, Democracy and the European Court of Human Rights
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
The Oxford Handbook of European Union Law
Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and inst...
Mass surveillance - Who is watching the watchers?
"They know where you got on the bus, where you went to work, where you slept, and what other cell phones slept with you." Edward Snowden The disclosures by Edward Snowden since June 2013 revealing mass surveillance and large-scale intrusion practices have provided compelling evidence of the existence of far-reaching, technologically advanced surveillance systems. Put in place by United States intelligence services and their partners in certain Council of Europe member states, these systems are aimed at collecting, storing and analysing communication data, including content, location and other metadata, on a massive scale. In several countries, a massive “surveillance-industrial complex” ...
Code of Good Practice in Electoral Matters
This publication contains a set of guidelines for good practice in the conduct of elections, based on Europe's electoral heritage, as well as an explanatory report which explains the key principles on which they are based. The guidelines and report were adopted in 2002 by the Council for Democratic Elections and by the European Commission for Democracy through Law (also known as the Venice Commission); and approved in 2003 by the Parliamentary Assembly of the Council Europe and by the Congress of Local and Regional Authorities in Europe.
Protecting the right to freedom of expression under the European Convention on Human Rights
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 int...
