Human Rights

Download The European Human Rights Culture: A Paradox of Human Rights by Nina-Louisa Arold Lorenz PDF

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By Nina-Louisa Arold Lorenz

The ecu Human Rights tradition - A Paradox of Human Rights defense in Europe? analyses the political time period "European Human Rights Culture," a time period first brought by means of european fee President Barroso. positioned within the fields of comparative legislations and ecu legislations, this ebook analyses, via first-hand interviews with the ecu judiciary, the judicial point of view at the eu human rights tradition and units this in context to the political size of the time period. additionally, it appears to be like on the buildings and strategies of the courtroom of Justice of the ecu Union (CJEU) and the ecu court docket of Human Rights (ECtHR), and explains the embedding of the Courts' criminal cultures. It deals an in-depth research of the margin of appreciation doctrine at either the CJEU and ECtHR, and exhibits its worth for addressing human rights grievances. This e-book is novel in that it combines interviews and case-law research to teach how a mixture of alterations at the bench are legally amalgamated to solve probing felony questions and human rights matters. It exhibits, via a mixed research of case-law and up to date political advancements for ecu human rights, the tensions among judicial and political techniques and the ambiguity of human rights security in Europe. It additionally deals in-depth wisdom of the ecu human rights discourse. as well as a wealthy learn of criminal fabrics, the booklet seems to be contained in the field by way of including the judiciary's standpoint. Human rights are greatly stated in eu societies and situations claiming human rights violations are expanding at either the CJEU and ECtHR. In those instances of elevated human rights knowledge, this e-book uncovers a paradox in eu human rights safety that is created via the push-and-pull among judicial and political pursuits.

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Additional info for The European Human Rights Culture: A Paradox of Human Rights Protection in Europe?

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The role of the AG is a question not to be approached from history but from what the system allows us to do. If you take a Supreme Court there you have the issues chewed over by judges from the lower courts, and finally it goes to the Supreme Court. This is different in our system; many cases come to us as … last resort – and of course cases with an AG take longer but they are also more complicated, so it might anyhow have taken longer even without the AG – in most of the cases it is the member states that ask questions and all the cases come to us and we decide.

Between 1995–2004, he was the Latvian judge at the ECtHR before becoming a CJEU judge in 2004. Jean Claude Bonichot, French judge, was born in 1955. He is a former ENA student who worked for the Conseil d’Etat in different functions including as judge and president of a division between 1982 and 2006 when joining the CJEU. In between his work for the Council of State, he worked as lecturer and published on administrative law, European law and European human rights law. Alexander Arabadjiev, Bulgarian judge, was born 1949.

In 2011, the CJEU faced 688 new cases and completed 638 cases. , chapter 4, pp. 67–83. , chapter 5, pp. 85–157. See Dissenting Opinion of Judge Zupancic in Nuutinen v. Finland, ECtHR judgment of 27 June 2000, criticising the majority judgment as “perversion of justice”. With the membership of Croatia, expected in 2013, soon 28 member states. 63 The CJEU’s Rules of Procedure were last amended in autumn 2012. Individuals have no direct access to the CJEU. If they want to lodge a claim, they need to do so at the General Court.

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