Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on ...the conflict between immunities and Article 6 of the European Convention on Human Rights.
This book identifies and explains the key analytical issues (state knowledge, causation, and reasonableness) that need to be considered in determining whether a State is responsible under the ...European Convention on Human Rights for omissions. In addition to this technical analytical question, the book also reflects upon what is at stake for the political community when the triggering, the content, and the scope of positive human rights obligations are determined. A central question is then how the search for a balance between intrusion and restraint by the State, between protection and freedom from invasion, defines this community and pulls the analysis of state responsibility for omissions in different directions. Designed to become the main reference source concerning ECHR positive obligations, this book makes four main contributions. First, it covers an important gap by isolating and studying the separate analytical elements (state knowledge, causation, and reasonableness) underlying state responsibility for failure to fulfil positive obligations. It explains the structure of review, the analytical steps taken to ascertain state responsibility for omissions. Secondly, the book offers a serious appreciation of the dangers associated with positive obligations whose scope might be too expansive or content too intrusive. Thirdly, it explains the different types of positive obligations. Fourthly, it offers the first examination of the conceptual hurdles if positive obligations under the ECHR were to be applied extraterritorially.
Article aims to compare the legal framework for ceasing of a state’s membership in the Council of Europe and Convention for the protection of Human Rights and Fundamental freedoms with the factual ...application of relevant framework in respect of the Russian Federation leaving the CoE in 2022. Analysis shows that foreseen procedures were o complied with, leading to defect actions and decision on the part of European party, and to somewhat inconsistent legal framework adopted in Russia. Lack of dialogue between the parties resulted in creation of two virtually unconnected legal realities. While the Council of Europe bodies and the Russian authorities apparently do not experience substantial adverse effects of this situation, the burden of such consequences is placed on the applicants, particularly on Russian citizens. It is assumed that very limited opportunities remain for interaction between Russian and European legal systems in terms of ensuring the rights of citizens.
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article ...6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory. Readership: Lawyers and researchers interested generally in fundamental rights, EU competition law and the interplay between the two or particularly in due process, independent decision-making or judicial review.
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance ...are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court's fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of "primarity" in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
This open access book theorises and concretises the idea of ‘absolute rights’ in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might ...understand what an ‘absolute right’ in human rights law is and draws out how such a right’s delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right’s ‘fringes’: from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation. Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right’s contours in line with its absolute character. Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Birmingham.
The management of religious and ideological diversity remains a key challenge of our time - deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities ...and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies -Belgium, the Netherlands and the UK - as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize!
Abstract
In 1957, when the Treaty of Rome was signed, founding the European Economic Community (EEC), which later became the European Union (EU), four out of six of the original member states were ...colonial powers. This article uses archival material from the Treaty of Rome negotiations to interrogate ways in which the colonial politics of the time shaped the drafting of legal categories describing individuals: those of peoples, inhabitants and workers. As the Treaty of Rome ‘associated’ colonized territories to the EEC, this article shows how the treaty simultaneously arranged its legal categories to exclude individuals who lived in colonized territories from legal benefits and representation. This article situates the EU as an example of a post-World War II international organization, with its founding legal texts shaped by colonialism.
The book offers a comprehensive and clear introduction for students and those interested in human rights, written by a renowned human rights expert. It not only provides an introduction to the ...diversity of issues, actors and institutions in human rights policy and politics, but also offers assistance and suggestions on how the complex reality of human rights politics can be described and analysed with the help of political science and related disciplines. It deals with civil society engagement in human rights as well as state obligations and international efforts to protect human rights. This is an open access book.
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