scholarly journals Theoretical Approaches of the European Commission for Democracy Through Law (the Venice Commission) to the Assessment of Anti-Terrorism Legislation: international Legal Discourse and Implementation Problems

2020 ◽  
Vol 14 (3) ◽  
pp. 411-422
Author(s):  
Anna Kashirkina ◽  
Andrey Morozov
Keyword(s):  
International Law ◽  
European Commission ◽  
International Treaties ◽  
Council Of Europe ◽  
Member States ◽  
Counter Terrorism ◽  
Theoretical Approaches ◽  
Legislative Regulation ◽  
Venice Commission ◽  
Law Regulation

The topic of the article is highly relevant due to the importance of basing the legislative regulation of counter-terrorism activities on international treaties in this sphere. Besides, the legislative regulation of counteracting terrorism should be developed in accordance with the current international law acts and should take into account international obligations that they entail. The authors believe that the improvement of counter-terrorism legislation is facilitated by the work of the European Commission for Democracy through Law (the Venice Commission), which conducts an expert evaluation of the national legislations of member states. The goal of this research is to analyze the current international law regulation in the sphere of counteracting terrorism and in identifying the specifics of its application by the Venice Commission in its assessment of national counter-terrorism legislations. The authors examine some issues connected with the work of the Venice Commission on preparing conclusions and recommendations that contain its assessment of the counter-terrorism legislation of a number of countries (the Republic of Moldova, the French Republic). They note the specifics of the work of the Venice Commission as a special auxiliary body of the Council of Europe that analyzes and assesses the legislative acts of member states based on the poly-functional guidelines of the Council of Europe. While assessing national legislations, the Venice Commission uses international law acts that contain, among other things, universally recognized principles and norms of international law, so the authors of the article show the significance of the international law regulation of counteracting terrorism through international treaties both between different countries and under the aegis of international organizations and integration unions; they also identify the problems connected with their implementation in national legislations. Based on the conducted research, the authors come to the following conclusions: the legislative regulation of counteracting terrorism should be amended with strict observance of the universally recognized principles and norms of international law incorporated, among other things, in international treaties; it is necessary to develop the international law regulation in the sphere of counteracting terrorism while taking into account new challenges and threats brought about by globalization and use the potential of international law instruments; international bodies play an important part in improving national counter-terrorism legislations, specifically, the Venice Commission, which, through its expert work, contributes to the development of legislation based on international legal acts.

scholarly journals The legal nature of soft law acts of the Council of Europe

2021 ◽  
pp. 397-402
Author(s):  
H.Yu. Yamelska
Keyword(s):  
International Law ◽  
Research Area ◽  
Soft Law ◽  
Legal Systems ◽  
Council Of Europe ◽  
Member States ◽  
Legal Ideology ◽  
Venice Commission ◽  
Definition Of ◽  
The Impact

The article examines the effectiveness of soft law as a regulator of legal relations between the member states of the Council of Europe. Existing approaches to the definition of soft law are analyzed.Author proposes to separate from the traditional conception of international law as a system of universally binding norms developed by states, taking into account postmodern trends in the transformation of national legal systems. Soft law is recognized as a real form of modern international law that has legal consequences. The article appoints the sources that make up the soft law within the legal system of the Council of Europe.The influence of soft law acts of the Council of Europe bodies on the legislation of Ukraine is investigated. Pros-pects for the development of soft law in the research area are determined.The role of “soft law” acts is presented on the example of the acts of the Venice Commission (European Com-mission for Strengthening Democracy through Law) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which are specialized agencies of the Council of Europe.Examples of the impact of soft law acts of the Council of Europe on the national legal systems of the partici-pating countries are analyzed. Their axiological influence on the democratization of national legal systems and the formation of human-centered legal ideology in Europe has been determined. The article determines the orientation of the parliaments and governments of the member states of the Council of Europe on the acts of soft law of its bodies in the legislation. The place of soft law acts of the bodies of the Council of Europe in the system of sources of international and national law is considered through the prism of the sociological school of law.

THE EU’S HOTSPOT APPROACH TO MANAGING THE MIGRATION CRISIS: A BLIND SPOT FOR INTERNATIONAL RESPONSIBILITY?

2016 ◽  
Vol 25 (1) ◽  
pp. 109-134
Author(s):  
Federico Casolari
Keyword(s):  
International Law ◽  
European Commission ◽  
Blind Spot ◽  
Final Part ◽  
Present Contribution ◽  
Member States ◽  
Affected Member ◽  
International Responsibility ◽  
Migration Crisis ◽  
Common Platform

Announced by the European Commission in its 2015 European Agenda on Migration as one of the EU’s priority tools to face the “unprecedented” migration crisis the Union was experiencing, the “hotspot” approach consists of a common platform for EU agencies (namely, the European Asylum Support Office, Frontex, Eurojust, and Europol) to intervene, rapidly and in an integrated manner, in frontline Member States when there is a crisis due to specific and disproportionate migratory pressure at their external borders. The goal was to reduce the pressure at the borders of the most affected Member States to “normal” levels while ensuring the proper reception, identification, and processing of arrivals. The present contribution makes some introductory remarks on issues of international responsibility under international law emerging from the implementation – by State and EU actors – of the hotspot approach. In particular, the analysis will focus on problems related to the attribution of conduct, in light of the large number of subjects involved in the relevant activities. In this respect, this contribution will highlight first the function of hotspots. Then, the discussion will analyze the position of different actors involved in the hotspot approach in light of the international law framework on international responsibility. An assessment of what has been discussed in the preceding sections is contained in the final part.

The Parliamentary Assembly of the Council of Europe and the Sanctions Against the Russian Federation in Response to the Crisis in Ukraine

2018 ◽  
Vol 27 (1) ◽  
pp. 77-91
Author(s):  
Antonino Alì
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Issues ◽  
Council Of Europe ◽  
Member States ◽  
The Core ◽  
European Project ◽  
Rules Of Procedure ◽  
The Russian Federation ◽  
Heads Of State

The article examines the actions taken by the Parliamentary Assembly of the Council of Europe (PACE) against the delegation of the Russian Federation in response to the crisis in Ukraine. In 2014 the Assembly decided to suspend some of the rights of the Russian delegation and menaced to annul the credentials of the delegation if an effective effort was not made on the part of Russia to sort out the situation and to reverse the annexation. The adoption of sanctions against the Russian delegation raised several legal issues related to the very existence of a sanctioning power of the CoE and in particular of the Assembly. The question is whether the powers to “penalize” the parliamentary delegation have been exercised by PACE in conformity with the Statute. The Statute of the CoE does not attribute sanctioning powers to the Assembly in order to target the states which are in breach of Article 3 or international law more generally. This power falls firmly in the hands of the Committee of Ministers as a way to put pressure on, deter, and eventually punish a state which has seriously violated the core of the principles of the CoE system. PACE, in the exercise of its functions, may certainly contribute to activating procedures to monitor the activities of the member states, but the last word is in the hands of the Committee which may suspend the rights of representation of a state and request that the offending state withdraw from the Committee entirely. The Statute plainly does not attribute this power to PACE. In the absence of the jurisdiction of a Court to deal with the problems caused by the lack of harmonisation between the sanctions adopted by the Committee of Ministers and the ones introduced by the Parliamentary Assembly through some modifications of the Rules of Procedure, the recent call for a 4th Summit of Heads of State and Government of the CoE by the Assembly in order to “preserve and further strengthen this unparalleled pan-European project currently threatened by divisions and a weakening of member States’ commitment” by “harmonising[…] the rules governing participation, representation and responsibilities of member States in both statutory organs, while fully respecting the autonomy of these bodies” should be welcomed.

scholarly journals SUSPENSION AND EXPULSION OF MEMBERS OF THE COUNCIL OF EUROPE: DIFFICULT DECISIONS IN TROUBLED TIMES

2019 ◽  
Vol 68 (2) ◽  
pp. 443-476
Author(s):  
Kanstantsin Dzehtsiarou ◽  
Donal K Coffey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Financial Stability ◽  
Council Of Europe ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Current State ◽  
State Of Affairs

AbstractThe effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

EC Law and International Agreements of the Member States—An Ambivalent Relationship?

2007 ◽  
Vol 9 ◽  
pp. 387-440 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
International Law ◽  
Legal Order ◽  
International Treaties ◽  
Member States ◽  
International Treaty ◽  
Court Of Justice ◽  
Treaty Of Rome ◽  
Ambivalent Relationship ◽  
Formed Part ◽  
Ec Law

The European Community (EC) was established in 1957 on the basis of an international treaty. The Treaty of Rome formed part of international law, though the Court of Justice was soon eager to emphasise that the ‘Community constitutes anew legal orderof international law’, and that:By contrast with ordinary international treaties, the E … C Treaty has created its own legal system which, on the entry into force, became an integral part of the legal systems of the Member States and which their Courts are bound to apply.

LEGAL FRAMEWORK OF THE EUROPEAN UNION’S COUNTER-TERRORISM ACTIVITIES

2021 ◽  
Author(s):  
E.V. Alferova ◽  
T.V. Zakharov
Keyword(s):  
Legal Framework ◽  
Terrorist Attacks ◽  
The European Union ◽  
International Treaties ◽  
Council Of Europe ◽  
Conflict Zones ◽  
Counter Terrorism ◽  
Eu Member States ◽  
Regional Strategies ◽  
The Eu

In recent years, European states have been repeatedly subjected to deadly terrorist attacks. The threat faced by EU Member States is multifaceted: from the return of foreign terrorist fighters from conflict zones to the extremist activities of homegrown terrorists and «lone wolves». In order to prevent terrorist attacks and combat terrorism, EU authorities and national states develop counter-terrorism policies and legislation. Based on the long-term activities of the UN in this area and on its own experience, the European Union adopts a large number of political and regulatory legal documents. The EU’s anti-terrorism policy and legislation are becoming more effective and realistic year after year, and intergovernmental cooperation mechanisms are being developed in the form of international treaties or politically binding recommendations and guidelines. In recent years, a number of new legal and other standards have been developed, which, together with existing international and regional strategies, conventions, recommendations and agreements, form the basis for current and future work in the field of combating terrorism and preventing radicalization and extremism leading to terrorism. The article examines some key documents of the EU and the Council of Europe adopted after September 11, 2001, including the EU Counter-Terrorism Strategy of 2005, updated in 2016, as well as new directions and measures to combat terrorism in the last three years (2018-2020). Based on the legal databases of the Council of the EU, the European Commission, the European Parliament, and the Council of Europe, a quantitative sample and an approximate count of anti-terrorist and related regulatory legal and individual acts adopted in 2018-2020 were made. The proposals of scientists and experts, including those expressed at the forums of international organizations, on improving the EU Counter-Terrorism Strategy are summarized.

70 Years of Human Rights and the Rule of Law in Europe

2021 ◽  
Keyword(s):  
Human Rights ◽  
European Commission ◽  
Rule Of Law ◽  
Good Reason ◽  
Common Interest ◽  
70Th Anniversary ◽  
Present Condition ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Venice Commission

The years of 2019 and 2020 offered the opportunity to commemorate four anniversaries: On 4 November 2020, it was 70 years ago that the ECHR, was signed. Ten years later, the ECtHR began its work. The Council of Europe had its 70th anniversary on 5 May 2019. Finally, the European Commission for Democracy through Law (Venice Commission) established in 1990, could celebrate its 30th birthday. These jubilees offer a good reason to take a look at how these institutions have contributed to making human rights and the rule of law a matter of common interest in Europe, and what their present condition is. This volume contains the contributions on this topic held at the Walter-Hallstein Symposium on 5 and 6 March 2020. With contributions by Veronika Bílková, Thomas Giegerich, Rainer Hofmann, Stefan Kadelbach, Wilfried Loth, Angelika Nußberger, Paulo Pinto de Albuquerque and Stefanie Schmahl.

The Constitutional Framework of International Law in the Gulf: Ratification and Implementation of International Treaties in GCC Constitutions

2020 ◽  
Vol 34 (1) ◽  
pp. 24-42
Author(s):  
Gianluca P. Parolin
Keyword(s):  
International Law ◽  
Gulf Cooperation Council ◽  
International Treaties ◽  
Member States ◽  
Internal Accountability

Abstract This article investigates how ratification and implementation of international treaties are regulated in GCC Constitutions and how these regulations currently operate. First, it considers the models of internal/international law relations that Gulf Cooperation Council (GCC) Constitutions espouse. Second, it then reviews ratification procedures and practices. Finally, it examines alternative options to guarantee implementation. Shifting the focus away from conventional court implementation mechanisms, the article argues that internal accountability mechanisms of executives might guarantee a more effective enforcement of international treaties in the GCC Member States.

The Council of Europe Addresses Cia Rendition and Detention Program

2007 ◽  
Vol 101 (2) ◽  
pp. 442-452 ◽  
Author(s):  
Monica Hakimi
Keyword(s):  
Human Rights ◽  
Central Intelligence Agency ◽  
European Convention ◽  
Council Of Europe ◽  
Member States ◽  
Intelligence Agency ◽  
International Obligations ◽  
The Media ◽  
Media Reports ◽  
Venice Commission

In November 2005, the U.S. media reported that the Central Intelligence Agency was operating secret detention facilities in a handful of foreign countries, including two in eastern Europe, and that detainees were often transferred between those facilities and states known to engage in torture. The news that terrorism suspects may have been denied their human rights in member states of the Council of Europe caused concern within the Council and triggered several responses. Within days of the media reports, the Council's Parliamentary Assembly appointed a rapporteur to investigate the extent to which member states were participating in the CIA program. The rapporteur, in turn, asked the Venice Commission to prepare a legal opinion on the member states’ related international obligations. On the basis of that opinion, and the rapporteur's finding that a fair number of member states had acquiesced or participated in the CIA program, the Parliamentary Assembly adopted a resolution and a recommendation intended to safeguard against such conduct in the future. Separately, the secretary general of the Council invoked his authority under Article 52 of the European Convention on Human Rights (ECHR) to survey member states on relevant aspects of their domestic legal systems, including whether those systems contain controls on foreign state conduct deemed to infringe ECHR rights.

scholarly journals OECD acts as instruments of soft international law

2020 ◽  
pp. 398-402
Author(s):  
Anatolii Petrenko
Keyword(s):  
International Law ◽  
International Organization ◽  
Development Assistance Committee ◽  
International Treaties ◽  
Member States ◽  
Legal Norms ◽  
Wide Range ◽  
Oecd Convention ◽  
Rules Of Procedure ◽  
Science And Education

A characteristic feature of the modern system of international relations is that the not only the international legal norms, but alsothe rules of soft international law are the regulators, with the constantly growing share of the latter. There is a great variety of conceptsregarding the nature of soft international law in modern doctrine of international law. However, it is indisputable fact that internationalorganizations play significant role in its development. One of such international organizations is the Organization for Economic Cooperationand Development, whose rule-making activities are largely implemented through the adoption of legally non-binding documentsbut at the same time they have a significant impact on the behavior of the international law subjects. The organization unites 36 industrializedcountries. Thus, of the total number of regulations of various legal force adopted or developed under the auspices of the OECDduring the entire period of existence of this international organization, acts of soft international law account for approximately 78 percent. In total, the OECD adopted 454 regulations, including 13 international treaties, 87 decisions, 300 recommendations, 36 declarationsand 18 other legally non-binding international instruments. Recommendations are adopted in accordance with Art. 5, 6 and 7 ofthe OECD Convention and paragraph 18B of the Rules of Procedure of the Organization and are transferred to the Member States forconsideration. So the Member States may, if they deem it appropriate, implement them in their national law. OECD Declarations arelegally optional framework documents establishing the general principles and long-term goals of cooperation between states within theframework of this international organization. In general, declarations are not acts of the OECD within the meaning of Art. 5 of theOECD Convention, but in practice their implementation is monitored by OECD bodies. Apart from recommendations and declarationsOECD also practices the following types of legal non-binding regulations: Arrangement and Understanding which can be described asgentleman’s agreements and also the recommendations of the Development Assistance Committee (DAC) OECD. With all these do -cuments, the OECD regulates international cooperation on a wide range of socio-economic issues, including the fight against corruption,taxation, regional development, environmental protection, finance and investment, trade, industry, social policy, consumer protection,science and education, shipbuilding and transport, energy, etc.

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