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Building Consensus on European Consensus
Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.
Human Dignity and Democracy in Europe
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
Building Consensus on European Consensus
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Greek Employment Relations in Crisis
Greece’s economy and society have undergone important structural changes in recent years as a result of the financial crisis and consequent austerity policies that have been implemented. The Greek labour market and employment relations system have been subject to immense pressures, leading to fundamental changes both in the structure of institutions and in the behaviour of the main employment relations actors. The present volume constitutes a first attempt to appreciate the consequences of a decade of austerity politics on the Greek labour market. Offering a multidisciplinary perspective and building on original research by leading Greek scholars in the fields of labour economics, employment relations and the sociology of work, it will discuss the impact of the crisis and the resulting policies on the Greek labour market and employment relations. This volume will be of interest to policy makers, researchers and students interested in the past, present and future of Greek employment relations and the impact of austerity on Greece.
Transforming Gender Citizenship
Explains the adoption, diffusion of, and resistance to gender quotas in politics, corporate boards and public administration across Europe.
Between Forbearance and Audacity
When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.
Human Rights Protection by the ECtHR and the ECJ
In her manuscript Elisa Ravasi thoroughly analyses the principle of equivalent protection of the ECtHR and subsequently she examines its application in favour of the EU considering whether the presumption of equivalent protection of human rights is still justified.
Human Rights Law in Europe
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Greek Employment Relations in Crisis
Greece’s economy and society have undergone important structural changes in recent years as a result of the financial crisis and consequent austerity policies that have been implemented. The Greek labour market and employment relations system have been subject to immense pressures, leading to fundamental changes both in the structure of institutions and in the behaviour of the main employment relations actors. The present volume constitutes a first attempt to appreciate the consequences of a decade of austerity politics on the Greek labour market. Offering a multidisciplinary perspective and building on original research by leading Greek scholars in the fields of labour economics, employment relations and the sociology of work, it will discuss the impact of the crisis and the resulting policies on the Greek labour market and employment relations. This volume will be of interest to policy makers, researchers and students interested in the past, present and future of Greek employment relations and the impact of austerity on Greece.
The European Court of Human Rights
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
