Council of Europe Law

Council of Europe Law PDF Author: Florence Benoît-Rohmer
Publisher: Council of Europe
ISBN: 9287155941
Category : Business & Economics
Languages : en
Pages : 248

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Book Description
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.

Council of Europe Law

Council of Europe Law PDF Author: Florence Benoît-Rohmer
Publisher: Council of Europe
ISBN: 9287155941
Category : Business & Economics
Languages : en
Pages : 248

Get Book Here

Book Description
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.

Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union PDF Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562

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Book Description
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.

Democracy and Human Rights for Europe

Democracy and Human Rights for Europe PDF Author: Jean Petaux
Publisher: Council of Europe
ISBN: 9789287166678
Category : Political Science
Languages : en
Pages : 344

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Book Description
Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.

The Council of Europe

The Council of Europe PDF Author: Stefanie Schmahl
Publisher: Oxford University Press
ISBN: 0191653144
Category : Law
Languages : en
Pages : 1110

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Book Description
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.

Not by Bread Alone

Not by Bread Alone PDF Author: Sjur Bergan
Publisher: Council of Europe
ISBN: 9789287169716
Category : Education
Languages : en
Pages : 272

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Book Description
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.

Human Rights Monitoring Mechanisms of the Council of Europe

Human Rights Monitoring Mechanisms of the Council of Europe PDF Author: Gauthier De Beco
Publisher: Routledge
ISBN: 0415581621
Category : Law
Languages : en
Pages : 266

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Book Description
This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter will be written by an expert in the field. The introduction to the volume will outline the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion will provide an evaluation of their effectiveness and consider future perspectives.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
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.

Harold in Italien

Harold in Italien PDF Author: Jörg Polakiewicz
Publisher: Council of Europe
ISBN: 9789287138996
Category : Political Science
Languages : en
Pages : 224

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Book Description
Analyzes procedures for treaty-making & treaty application in the Council of Europe

Unveiling the Council of the European Union

Unveiling the Council of the European Union PDF Author: D. Naurin
Publisher: Springer
ISBN: 0230583784
Category : Political Science
Languages : en
Pages : 330

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Book Description
Thanks to new transparency rules and increased efforts by scholars, researchers are better equipped than ever before to analyze the decision-making processes of the Council of the European Union and to test old wisdoms. This book covers the most contentious areas and important debates in current research.

The EU Accession to the ECHR

The EU Accession to the ECHR PDF Author: Vasiliki Kosta
Publisher: Bloomsbury Publishing
ISBN: 1782254471
Category : Law
Languages : en
Pages : 704

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Book Description
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.