Facing the Greek junta: the European Community, the Council of Europe and the rise of human-rights politics in Europe

2017 ◽  
Vol 24 (3) ◽  
pp. 358-376 ◽  
Author(s):  
Víctor Fernández Soriano
1980 ◽  
Vol 15 (1) ◽  
pp. 31-47
Author(s):  
Bernard Paulin ◽  
Mary Minch

ON 2 MAY 1979, THE COMMISSION OF THE EUROPEAN COMMUNIties adopted a Memorandum on the accession of the European Communities to the ‘Convention for the Protection of Human Rights and Fundamental Freedoms’ signed in Rome on 4 November 1950 by the Member States of the Council of Europe and which entered into force on 3 September 1953. This memorandum which constitutes a document aimed at stimulating thought on the problems posed by the accession of the EEC and which concludes in favour of such a step, has been sent to the other institutions and organs of the European Communities. It is intended to start a debate within these institutions and organs and in all interested circles within the Member States.


Author(s):  
Oliver Lewis

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.


ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.


1997 ◽  
Vol 4 (4) ◽  
pp. 361-388 ◽  
Author(s):  

AbstractData protection was introduced in Western Europe in the early 1970s and now also extends to Central and East European countries. It is a remarkable example of the response given by Human Rights law to the challenges of modern society. The applications of science and technology in the fields of informatics and biomedicine have produced results unforeseen by any legislator. Regulation has been developed under the leadership of the Council of Europe. It aims at laying down basic principles of data protection but without blocking the future. The author presents a historical survey of the Council of Europe's two main treaties relevant to protection of medical and genetic data, those of 1981 (data protection) and 1997 (bioethics) and of several other texts. He concludes that the European Human Rights Convention should be reinforced with specific provisions on 'medical human rights' and on data protection. He also comes out in favour of separate treatment of traditional medical files and genetic data.


2013 ◽  
Vol 46 (3) ◽  
pp. 369-404
Author(s):  
Silvia Borelli

The undeniable impact of the European Convention on Human Rights on the legal systems – and the wider society – of Member States of the Council of Europe would not have been possible without its unique monitoring system, centred around the European Court of Human Rights and the Committee of Ministers of the Council of Europe. The present article assesses the extent to which the European Court's judgments that have found violations of the procedural obligations under Articles 2 and 3 of the Convention to investigate unlawful killings, disappearances, acts of torture or other ill-treatment have, in fact, led to an improvement in the capability of the domestic legal systems of states parties to ensure accountability for such abuses. On the basis of four case studies, it is concluded that the European Court's judgments, coupled with the supervisory powers of the Committee of Ministers, have the potential to make a very great impact on the capability of domestic legal systems to deal with gross violations of fundamental human rights, and have led to clear and positive changes within the domestic legal systems of respondent states. Nevertheless, this is by no means always the case, and it is suggested that, in order for the Convention system to achieve its full potential in the most politically charged cases, the European Court should adopt a more proactive approach to its remedial powers by ordering specific remedial measures, to include in particular the opening or reopening of investigations.


Sign in / Sign up

Export Citation Format

Share Document