Download e-book for kindle: The European Human Rights Culture: A Paradox of Human Rights by Nina-Louisa Arold Lorenz
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 ecu fee President Barroso. positioned within the fields of comparative legislation and ecu legislations, this booklet analyses, via first-hand interviews with the ecu judiciary, the judicial viewpoint at the eu human rights tradition and units this in context to the political size of the time period. furthermore, it seems to be on the constructions and systems of the court docket of Justice of the eu Union (CJEU) and the eu court docket of Human Rights (ECtHR), and explains the embedding of the Courts' felony cultures. It bargains an in-depth research of the margin of appreciation doctrine at either the CJEU and ECtHR, and exhibits its price for addressing human rights grievances. This publication is novel in that it combines interviews and case-law research to teach how a mixture of changes at the bench are legally amalgamated to unravel probing felony questions and human rights matters. It indicates, via a mixed research of case-law and up to date political advancements for ecu human rights, the tensions among judicial and political methods and the ambiguity of human rights defense in Europe. It additionally bargains in-depth wisdom of the ecu human rights discourse. as well as a wealthy learn of criminal fabrics, the ebook appears to be like contained in the field by way of including the judiciary's point of view. Human rights are broadly said in eu societies and situations claiming human rights violations are expanding at either the CJEU and ECtHR. In those occasions of elevated human rights knowledge, this e-book uncovers a paradox in ecu human rights defense that is created via the push-and-pull among judicial and political pursuits.
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Extra resources for The European Human Rights Culture: A Paradox of Human Rights Protection in Europe?
The role of the AG is not one of pre-examination but is to run parallel. 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.
Moreover, specific knowledge of EU law is not a strict criterion for the candidate. A selection panel was introduced with the Treaty changes in Lisbon (Article 255 TFEU). 87 The panel’s aim is to harmonise the selection process and to ensure quality for judges and advocates general. The panel is composed of seven persons, “chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence” (Article 255 TFEU). 88 Since its existence, the panel has scrutinised candidates carefully.
Ibid. 91 For the General Court, Greek candidates were not seen as appropriate and caused some delay in re-staffing. 2. The Judges – Integration into the Family Once inside the Court, the judges have established a way to integrate newcomers into the CJEU. Friendly welcoming meetings are organised as well as social gatherings such as luncheons or dinners. By way of senior and new judges getting to know each other, newcomers learn in a gentle fashion about the leading organisational standards. To feel part of that “family” and to integrate newcomers was a strong notion expressed in the interviews (interviewees J, M, I, C, B).
The European Human Rights Culture: A Paradox of Human Rights Protection in Europe? by Nina-Louisa Arold Lorenz