The Constitutional Relevance of the ECHR in Domestic and European Law

The Constitutional Relevance of the ECHR in Domestic and European Law

Author: Giorgio Repetto

Publisher: Intersentia Uitgevers N V

Published: 2013

Total Pages: 251

ISBN-13: 9781780681184

DOWNLOAD EBOOK

In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.


The Impact of the ECHR on Democratic Change in Central and Eastern Europe

The Impact of the ECHR on Democratic Change in Central and Eastern Europe

Author: Iulia Motoc

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 559

ISBN-13: 1316558835

DOWNLOAD EBOOK

High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.


National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author: Anneli Albi

Publisher: Springer

Published: 2019-05-29

Total Pages: 1522

ISBN-13: 9462652732

DOWNLOAD EBOOK

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.


Constituting Europe

Constituting Europe

Author: Andreas Føllesdal

Publisher:

Published: 2013

Total Pages: 441

ISBN-13:

DOWNLOAD EBOOK

At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.


The European Court of Human Rights

The European Court of Human Rights

Author: Helmut P. Aust

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 296

ISBN-13: 1839108347

DOWNLOAD EBOOK

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

DOWNLOAD EBOOK

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 integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.


A Europe of Rights

A Europe of Rights

Author: Helen Keller

Publisher:

Published: 2008

Total Pages: 893

ISBN-13: 0199535264

DOWNLOAD EBOOK

"In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy."--BOOK JACKET.


Time and Tax: Issues in International, EU, and Constitutional Law

Time and Tax: Issues in International, EU, and Constitutional Law

Author: Werner Haslehner

Publisher: Kluwer Law International B.V.

Published: 2018-12-20

Total Pages: 434

ISBN-13: 9403501642

DOWNLOAD EBOOK

Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.