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The accession of the European Union to the European Convention on Human Rights
  • Language: en
  • Pages: 107

The accession of the European Union to the European Convention on Human Rights

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

The European Convention on Human Rights
  • Language: en
  • Pages: 1433

The European Convention on Human Rights

  • Categories: Law

The first complete article-by-article English commentary on the ECHR, with chapters devoted to each distinct provision or article, this commentary explores the substance of the rights, the workings of the Court, and the enforcement of judgements.

Human Rights Protection by the ECtHR and the ECJ
  • Language: en
  • Pages: 469

Human Rights Protection by the ECtHR and the ECJ

  • Categories: Law
  • Type: Book
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  • Published: 2017-08-28
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  • Publisher: BRILL

In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.

The Impact of Accession to the European Union on the Application of the European Convention on Human Rights
  • Language: en
  • Pages: 18
A West African Model to Address Human Trafficking
  • Language: en
  • Pages: 389

A West African Model to Address Human Trafficking

  • Categories: Law

This book describes the nature of trafficking in persons in West Africa, focusing on labor and sexual exploitation in the region, and recommends tailor-made solutions established by the Catholic Church in light of governmental authorities’ failure to effectively combat this scourge of humanity. While states’ efforts to fulfill their international obligations in developing anti-trafficking legislations are recognized, their failure to carry out prosecutions of offenders and ensure protection of the victims reveals that law alone is not a sufficient instrument for realizing human rights and improving people’s lives. Faced with the sobering background of less than successful efforts by go...

The Accession of the European Union to the European Convention on Human Rights
  • Language: en

The Accession of the European Union to the European Convention on Human Rights

  • Type: Book
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  • Published: 2014
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  • Publisher: Unknown

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EU Values Before the Court of Justice
  • Language: en
  • Pages: 385

EU Values Before the Court of Justice

  • Categories: Law

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...

Consensus-Based Interpretation of Regional Human Rights Treaties
  • Language: en
  • Pages: 308

Consensus-Based Interpretation of Regional Human Rights Treaties

  • Categories: Law
  • Type: Book
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  • Published: 2019-07-22
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  • Publisher: BRILL

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

Targeted Killings and International Law
  • Language: en
  • Pages: 675

Targeted Killings and International Law

  • Categories: Law

Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.

The European System for The Protection of Human Rights
  • Language: en
  • Pages: 970

The European System for The Protection of Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 1993-01-01
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  • Publisher: BRILL

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