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Yearbook of the European Convention on Human Rights / Annuaire de la convention européenne des droits de l'homme, Volume 62 (2019)
The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments bro...
Human Rights in Times of Transition
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
Criminalising Hate Speech
Never in history have crises surrounding free speech raged with greater ferocity than we are witnessing today. This is the world’s first book to gather detailed, country-by-country studies devoted entirely to the problem of hate speech, spanning more than twenty nations. The introductory chapter summarises various key concepts, followed by a composite of the questions that were originally put to each of the Special Rapporteurs. The chapters then provide the Rapporteurs’ detailed analyses of each country, with several of the authors supplementing these with additional helpful insights. In particular, the abundance of case studies will help to dramatize the controversies that have been spa...
Framing a Convention Community
An innovative and interdisciplinary perspective on the authority and far-reaching impact of the European Convention on Human Rights.
Domestic Judicial Treatment of European Court of Human Rights Case Law
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. I...
Judicial Dis-Appointments
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent significant reforms to their respective judicial appointments processes. Though very different judicial institutions, they adopted very similar - and rather remarkable - reforms: each would now make use of an expert panel of judicial notables to vet the candidates proposed to sit in Luxembourg or Strasbourg. Once established, these two vetting panels then followed with actions no less extraordinary: they each immediately took to rejecting a sizable percentage of the judicial candidates proposed by the Member State governments. What had happened? Why would the Member States of the European Union a...
Selecting Europe's Judges
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balanc...
Epistemology and Methodology of Comparative Law
Whereas many modern works on comparative law focus on various aspects of legal doctrine, the aim of this book is more theoretical - to reflect on comparative law as a scholarly discipline, and in particular its epistemology and methodology. It seeks answers to fundamental, scientific problems of comparative research.
The Constitution of Belgium
The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principle...
