Conclusion

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
Public Law ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
European Continent ◽  
European Public ◽  
The Law ◽  
Domestic Law ◽  
Opening Up ◽  
The Way

Chapter 7 concludes the analysis of the book. It shows how by means of three circles—the law of the European Union, the law of the European Convention on Human Rights, and domestic law—a European public law is emerging. The conclusion analyses the challenges of the model of European public law and what is needed for it to strengthen. It makes the point that the European ambition goes beyond Europe and that Europe is not isolated from the world. European law is renewing the way in which international and domestic law co-exist, and the way in which the State and the law co-exist. By becoming stronger European law is opening up vistas which exceed the European continent.

Towards a European Public Law

2017 ◽  
Author(s):  
Bernard Stirn ◽  
Eirik Bjorge
Keyword(s):  
Historical Development ◽  
Public Law ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
European Public ◽  
The Law ◽  
Domestic Law ◽  
Legal Integration ◽  
The Eu

This book argues that, on the basis of the law of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic public law of the countries of Europe, a European public law is taking shape. European law is marked to a large extent by the differences which subsist between the cultures and legal systems of Europe; nevertheless European legal integration has been quickened by the similarities that exist and the wish for integration. The book analyses the historical development of the European legal project, and the challenges of the model of European public law and what is needed for it to strengthen. It concludes that by means of three circles—the law of the EU, the ECHR, and domestic law—a European public law is emerging. This European public law is renewing the way in which international and domestic law co-exists, and the very co-existence between the State and the law itself.

Introduction

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
European Union ◽  
Human Rights ◽  
Cultural Heritage ◽  
European Integration ◽  
Public Law ◽  
European Convention ◽  
The European Union ◽  
European Project ◽  
European Public ◽  
Domestic Law

The introduction shows how the history and diversity of Europe have given rise to the European project. On the basis of historical differences, there are great differences between the countries of Europe; nevertheless, as a function of common cultural heritage, a project of European integration has emerged. Beginning with European history, the chapter shows how the European project has evolved and been consolidated through law and how, against the background of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic law of the countries of Europe, a European public law is taking shape.

European and Domestic Law

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Legal Certainty ◽  
European Public ◽  
Domestic Courts ◽  
The Relationship ◽  
Domestic Law

Chapter 4 turns to the domestic law of the countries of Europe, arguing that the combination within European public law of EU law, the law of the ECHR, and of domestic law cannot be conceived of along the lines of a pyramidal hierarchy. The chapter examines the ways in which the different European domestic legal systems conceive of the relationship between international law and domestic law. The chapter then looks at the relationship between international law and domestic law through a constitutional lens, an approach which more and more domestic courts in Europe seem to be adopting. The chapter then turns to the integrated legal order of the European Union, a legal order distinct both from domestic and general international law. Finally, the chapter teases out and analyses four shared guiding principles of European public law: equality and non-discrimination; proportionality; subsidiarity; and legal certainty.

scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

Handyside v United Kingdom (1979–80) 1 EHRR 737, European Court of Human Rights

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Public Law ◽  
European Convention ◽  
European Court ◽  
Margin Of Appreciation ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Domestic Law

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Online Resources Chapter D: Industrial Action and Statutory Immunities

2020 ◽  
pp. 846-846
Author(s):  
David Cabrelli
Keyword(s):  
Human Rights ◽  
Trade Union ◽  
European Convention ◽  
Online Resources ◽  
European Law ◽  
Trade Disputes ◽  
Industrial Action ◽  
The Law ◽  
The Uk

This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....

Like Ancient Beacons: The European Union and the International Criminal Court – Reflections from afar on a Chapter of European Foreign Policy

2004 ◽  
Vol 5 (12) ◽  
pp. 1449-1467 ◽  
Author(s):  
Alexandra Kemmerer
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
European Law ◽  
The European Union ◽  
Human Rights Law ◽  
The Law ◽  
Human Rights Norms

That the Law is never frozen in time and space is quite a trivial insight – but one, however, that is nonetheless particularly true for the area of international human rights law and the jurisdiction to see human rights norms respected and enforced. No less is it true for international criminal law and European law. It is, of course, true at the intersection of these three fields of the law as well, exactly the place I intend to explore in this paper. And, as we shall see, poetry, that rarely unveiled subtext of the law, is never steady in its foundations.

Turkey's entry into the Concert of Europe

2005 ◽  
Vol 13 (3) ◽  
pp. 395-417 ◽  
Author(s):  
FIKRET ADANIR
Keyword(s):  
Sixteenth Century ◽  
Balance Of Power ◽  
Public Law ◽  
Muslim Country ◽  
The European Union ◽  
New Concepts ◽  
European Public ◽  
Norms And Values ◽  
History Of ◽  
Concert Of Europe

From the start, Turkey's aspirations to join the European Union aroused considerable opposition. Recently, the debate has focused increasingly on supposed disparities in the spheres of culture, politics or mentality, implying that this Muslim country would not be able to comply with European norms and values. Supporters of Turkey's candidacy, on the other hand, have pointed out that Turkey has always been an important element of the European balance of power and was, in the nineteenth century, even a member of the Concert of Europe. Both sides invoke history to justify their arguments. The present paper examines the evolution of the European state system and the major stages in the history of the Turkish–European relationship, with a view to arriving at a more balanced judgement. It can be shown that new concepts, such as state interest and balance of power, had already begun in the sixteenth century to undermine the old theological worldview and, beginning with the eighteenth century, the Ottoman Empire was treated – at least de facto – as an actor that observed fully the norms of European public law (jus publicum Europeum). However, a de jure recognition of the Empire's status had to wait until the Treaty of Paris (1856), but even then it did not include an effective guarantee of Ottoman territorial integrity.

Interpretation of the Meaning of ‘Direct Effect’ in the Revised Treaty of Basseterre

2019 ◽  
Vol 21 (2) ◽  
pp. 147-169
Author(s):  
Zachary Allen Roy Phillips
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Vienna Convention ◽  
The European Union ◽  
Practical Application ◽  
The Subject ◽  
The Caribbean ◽  
Eastern Caribbean ◽  
The Law ◽  
Domestic Law

Abstract The article utilises the Vienna Convention on the Law of Treaties (VCLT) rules of interpretation to determine the meaning of ‘direct effect’ within the Revised Treaty of Basseterre (RTB). The RTB is the constituent treaty of the Organisation of Eastern Caribbean States (OECS). Despite the RTB having been in force since 2011 there has not been a single contentious case regarding the interpretation of the RTB. While the RTB and the OECS gained some inspiration from the European Union (EU), the Commonwealth Caribbean adheres to the dualist doctrine in the practical relationship between international and domestic law. As such, the meaning of ‘direct effect’ has been the subject of controversy. Therefore, this article shall discern the meaning of ‘direct effect’ within the RTB, including delineating possible practical application. The evaluation shall reveal that the definition is the same, however, due to the Caribbean context the application differs in slight ways.

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