The European Union And The Council Of Europe
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| Author | : Steven Greer |
| Publisher | : Cambridge University Press |
| Total Pages | : 562 |
| Release | : 2018-03-29 |
| Genre | : Law |
| ISBN | : 1108647456 |
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
| Author | : Florence Benoît-Rohmer |
| Publisher | : Council of Europe |
| Total Pages | : 248 |
| Release | : 2005-01-01 |
| Genre | : Business & Economics |
| ISBN | : 9287155941 |
Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.
| Author | : Stefanie Schmahl |
| Publisher | : Oxford University Press |
| Total Pages | : 1110 |
| Release | : 2017-03-16 |
| Genre | : Law |
| ISBN | : 0191653144 |
The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.
| Author | : Jean Attali |
| Publisher | : Lannoo Publishers |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Architecture |
| ISBN | : 9782873869458 |
Philippe Samyn, architect and engineer, created with this building for the European Council an architectural masterpiece. Clever in its entirety and in every detail, in its iconic functions, and in its decorum, it perfectly reflects the aura of power that the 28 members of the European Union share together. In addition to Jean Attali and Philippe Samyn's view on the building phases, this book also includes the overall picture of the project. All the phases of the building process as well as the facilities are dealt with. Text in English, Dutch and French.
| Author | : Sjur Bergan |
| Publisher | : Council of Europe |
| Total Pages | : 272 |
| Release | : 2011-01-01 |
| Genre | : Education |
| ISBN | : 9789287169716 |
Not by bread alone gathers essays on higher education, including some written especially for this book. They cover three key areas: the missions of higher education, public responsibility and qualifications. Together, these essays spell out a view of higher education as a key factor in developing modern societies built on the fundamental Council of Europe values of democracy, human rights and the rule of law. They also underline the key role of higher education in developing the ability of our societies to conduct intercultural dialogue. To fulfil its role, higher education needs to prepare for citizenship as well as for employment, for personal development as well as for the development of a broad knowledge base. Our vision of higher education and its multiple purposes must be reflected in the way we view qualifications. We also need to take a close look at how the public responsibility for higher education and research can best be exercised in a society with many actors, all of which have their own legitimate agendas. In this situation, public authorities have an overall responsibility for coherent education policies.
| Author | : Johan Callewaert |
| Publisher | : Council of Europe |
| Total Pages | : 107 |
| Release | : 2014-01-01 |
| Genre | : Political Science |
| ISBN | : 9287179700 |
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
| Author | : Hava Charlotte Lan Yurttagül |
| Publisher | : Springer Nature |
| Total Pages | : 305 |
| Release | : 2021-06-26 |
| Genre | : Law |
| ISBN | : 3030780597 |
First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.
| Author | : Bychawska-Siniarska, Dominika |
| Publisher | : Council of Europe |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : Political Science |
| ISBN | : |
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.
| Author | : Vasiliki Kosta |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 704 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254471 |
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
| Author | : François Foret |
| Publisher | : Routledge |
| Total Pages | : 201 |
| Release | : 2013-12-04 |
| Genre | : Political Science |
| ISBN | : 1317962354 |
In recent years, the failure of the constitutional process, the difficult ratification and implementation of the Lisbon Treaty, as well as the several crises affecting Europe have revitalized the debate on the nature of the European polity and the balance of powers in Brussels. This book explains the redistribution of power in the post-Lisbon EU with a focus on the European Council. Reform of institutions and the creation of new political functions at the top of the European Union have raised fresh questions about leadership and accountability. This book argues that the European Union exhibits a political order with hierarchies, mechanisms of domination and legitimating narratives. As such, it can be understood by analysing what happens at its summit. Taking the European Council as the nexus of European political governance, contributors consider council and rotating presidencies' co-operation, rivalry and opposition. The book combines approaches through events, processes and political structures, issues and the biographical trajectories of actors and explores how the founding compromise of European integration between sovereignty and supranationality is affected by the evolving nature of this new European political model which aims to combine cooperation and integration. The European Council and European Governance will be of strong interest to students and scholars of European studies, political science, political sociology, public policy and international relations.
