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Gender and the European Court of Human Rights
"In applying an intersectional feminist legal analysis of the European Court of Human Rights' case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. Case law within the ECtHR which does not explicitly raise gender issues may have gendered consequences. Profound developments have occurred in Europe in several related areas, including gender equality case law in the context of the prohibition of discrimination under Article 14 of the European Convention on Human Rights; non-conventional parenting rights; discrimination on grounds of sexual orientation and gender identity; rights of asylum seekers, and family reunification rig...
Gender and the European Court of Human Rights
In applying an intersectional feminist legal analysis of the European Court of Human Rights’ case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. Case law within the ECtHR, which does not explicitly raise gender issues, may have gendered consequences. Profound developments have occurred in Europe in several related areas, including gender equality case law in the context of the prohibition of discrimination under Article 14 of the European Convention on Human Rights; non-conventional parenting rights; discrimination on grounds of sexual orientation and gender identity; rights of asylum seekers; and family reunification ...
Women and Leadership in the European Union
This volume is the first comprehensive analysis of women's ascendance to leadership positions in the European Union as well as their performance in such positions. It provides a new theoretical and analytical framework capturing both positional and behavioural leadership and the specific hurdles that women encounter on their path to and when exercising leadership. The volume encompasses a detailed set of single and comparative case studies, analyzing women's representation and performance in the core EU institutions and their individual pathways to and exercise of power in top-level functions, as well as comparative analyses regarding the position and behaviour of women in relation to men. B...
The Procedural and Organisational Law of the European Court of Justice
How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Teaching of Rights and Justice in the Law School
This book examines the challenges of bringing cutting-edge research in often controversial areas into the law syllabus and explores how academics can effectively adopt a holistic approach to research and pedagogy when teaching rights and justice. The collection brings together experts from all areas of legal scholarship to discuss how they fuse often controversial aspects of rights and justice into their teaching in a way that responds to and is ultimately led by academic research. As such, it advances legal education through the opportunity to explore the interplay between rights and justice and how scholars both ensure that their teaching is research-led, whilst responding to the needs and views of students and issues such as generational differences in viewpoints on controversial issues. This topical volume will appeal to academics and researchers interested in academic freedom, the challenges of research-led teaching and the pedagogy around the teaching of rights and justice.
Gender and the Court of Justice of the European Union
Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
EU Law Enforcement
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the gene...
The Routledge Handbook of Gender and EU Politics
This Handbook maps the expanding field of gender and EU politics, giving an overview of the fundamentals and new directions of the sub- discipline, and serving as a reference book for (gender) scholars and students at different levels interested in the EU. In investigating the gendered nature of European integration and gender relations in the EU as a political system, it summarizes and assesses the research on gender and the EU to this point in time, identifies existing research gaps in gender and EU studies and addresses directions for future research. Distinguished contributors from the US, the UK and continental Europe, and from across disciplines from political science, sociology, economics and law, expertly inform about gender approaches and summarize the state of the art in gender and EU studies. The Routledge Handbook of Gender and EU Politics provides an essential and authoritative source of information for students, scholars and researchers in EU studies/ politics, gender studies/ politics, political theory, comparative politics, international relations, political and gender sociology, political economy, European and legal studies/ law.
Principles of Property Law
Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.
The Tangled Complexity of the EU Constitutional Process
Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
