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Facing Judicial Discretion
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How...
Facing Judicial Discretion
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How...
The Judge in a Democracy
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role compr...
Religious Practice and Observance in the EU Member States
This study analyzes the relationship between freedom of religion and other fundamental rights in the European Union, the European Convention on Human Rights, as well as the constitutions of the Member States by examining the relevant case law in the Court of Justice of the European Union, the European Court of Human Rights, and state constitutional or supreme courts. The study will highlight present sources of conflict, underline best practices and put forward recommendations to promote both religious practice and observance and the respect of human rights.
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Subsidiarity, Margin of Appreciation and International Adjudication Within a Cooperative Conception of Human Rights
The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the European Convention on Human Rights (ECHR) is a legal turn that deserves special attention. Is it a welcomed reform which will enhance the Strasbourg Court's often-questioned legitimacy vis-à-vis member states? Does it represent, as some non-governmental organizations have claimed, a setback for human rights in Europe? This article elaborates on these questions by first entering into the current debate on the nature of human rights. I suggest that a “cooperative” political understanding of these rights, which is based on claims of relational justice, is a suitable ground for a normative theory of international human rights adjudication. I then use this political conception to present a non-statist reading of the subsidiarity principle, which is in accord with an incrementalist approach to human rights requirements and with a rationalized version of the margin of appreciation doctrine. My holistic reading is consistent with the axiological aims of the ECHR system as a regional driver of human rights protection without damaging Strasbourg's legitimacy.
Human Dignity
An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.
Silenced Voices: Sex Workers’ Human Rights in Europe
Changes in the regulation of sex work have been observed over the last two decades. The trend towards the partial criminalization of sex work, targeting clients, has gained significant support at the European level under the arguments of gender violence and human trafficking. However, this regulatory approach has not adequately addressed the negative consequences for sex workers themselves. In order to determine whether the European Convention on Human Rights provides protection for sex workers in this context, this paper examines the contrasting feminist perspectives influencing the debate, the legal framework at the national, regional, and international levels, and case law. The case pending in Strasbourg, “M.A. and Others v. France” is analysed in the light of the potential protection of the right to life, the prohibition of degrading treatment, and the right to respect for private life.
The Changing Character of International Dispute Settlement
Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.
