scholarly journals Institutional Change in Turkey: The Impact of European Union Reforms on Human Rights and Policing (by Leila Piran). Book Review

2015 ◽  
Vol 2 (1) ◽  
pp. 124-126
Author(s):  
Elsa Tulin Sen
Keyword(s):  
European Union ◽  
Human Rights ◽  
Institutional Change ◽  
The Impact

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

The EU Delegation Sarajevo as an Organisational Proxy of the EU’s Administrative Co-governance

2020 ◽  
Vol 15 (3) ◽  
pp. 252-278
Author(s):  
Matej Navrátil
Keyword(s):  
European Union ◽  
Institutional Change ◽  
International System ◽  
Institutional Logics ◽  
Common Interest ◽  
Theory Approach ◽  
The European Union ◽  
State Actor ◽  
The Impact ◽  
The Eu

Summary This article argues that by using the European Union Delegation (EUD) in Sarajevo as an organisational proxy, the EU creates tools allowing it to participate in the enhancement of external administrative co-governance in Bosnia and Herzegovina. Inspired by the organisation theory approach, this article conceives of the EUD Sarajevo as a hybrid organisation. Such organisations are defined as a product of a combination of two sovereign organisations pursuing a common interest. They recombine multiple institutional logics, stimulate institutional change and spark innovative practices. The conceptualisation of the EUD Sarajevo as a hybrid organisation offers analytical insight for understanding the EU’s role in the society of states and allows us to theorise more concretely about the impact that a non-state actor has on the transformation of the institutions of diplomacy and sovereignty, which are foundational institutions of the international system of states.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

scholarly journals Fundamentals of European Civil Law

1997 ◽  
Vol 27 (2) ◽  
pp. 388
Author(s):  
A H Angelo
Keyword(s):  
European Union ◽  
Civil Law ◽  
Comparative Law ◽  
Company Law ◽  
Private Law ◽  
The European Union ◽  
Labour Law ◽  
Commercial Company ◽  
The Impact

This article is a book review of Martin Vranken Fundamentals of European Civil Law (Federation Press, Sydney, 1997) 290 + xiv pages including Appendix, Bibliography and Index. Soft cover, NZ$45. Angelo states that the book is very tightly and clearly presented, providing a good introductory text for several purposes including the central topics of comparative law, a basic introduction to the law of contract, tort labour law and commercial company law in the French and German systems, as well as within the context of the European Union. Angelo concludes that the book provides a reasoned and correct view of the impact of the European Union on aspects of the private law of the member states. 

scholarly journals Review Essay: Human Rights in the 'War on Terror'

2006 ◽  
Vol 37 (3) ◽  
pp. 451
Author(s):  
Alberto Costi
Keyword(s):  
Human Rights ◽  
Review Essay ◽  
War On Terror ◽  
The Political ◽  
Cambridge University ◽  
Security Environment ◽  
The Impact ◽  
Fundamental Values ◽  
Potential Use

This article is a book review of Richard Ashby Wilson (ed) Human Rights in the 'War on Terror' (Cambridge University Press, Cambridge, 2005) (347 pages). In recent years, terrorism has metamorphosed the global security environment. States have been forced to redefine the nature of terrorism and to reassess the political, military and legal means necessary to protect the State, its institutions and its citizens. Costi states that this book places itself squarely within some of the main current debates surrounding the war on terror in which some of the contributors have been very much involved. The book advances four propositions: it challenges the view that terrorism is a novel problem requiring exceptional solutions, it shows the limits of unilateralism in globally managing the war on terror, it highlights the impact of the war on terror on human rights domestically and the potential use of an agenda of security over liberty by governments wishing to control their citizens ever more tightly, and it calls for an examination of terrorism in context. Costi concludes that the book will make readers think and perhaps inspire them to tackle terrorism without betraying the fundamental values that are the fabric of democratic societies.

The Impact of the Court of Justice of the European Union on Azerbaijan

2020 ◽  
pp. 220-240
Author(s):  
Azar Aliyev
Keyword(s):  
European Union ◽  
Human Rights ◽  
Constitutional Court ◽  
Strong Impact ◽  
The European Union ◽  
Cooperation Agreement ◽  
Court Of Justice ◽  
German Model ◽  
The One ◽  
The Impact

The relationship between the EU and Azerbaijan is ambivalent: strong economic cooperation, membership in the European Neighbourhood Policy (ENP), on the one hand, and differences with regard to human rights issues and tough negotiations on a new Cooperation Agreement, on the other hand. However, many facts are in favour of strong impact of the Court of Justice of the European Union (CJEU) jurisprudence on Azerbaijan. Despite all the tensions, Azerbaijan consistently developed its legal system based on the European, especially German, model. European law is a mandatory course in the largest law faculty of the country. Azerbaijan has positive experience with the jurisprudence of the European Court of Human Rights (ECtHR), which plays an important role in the development of the legal and court systems of the country. The chapter shows that despite the favourable circumstances, the impact of the CJEU jurisprudence on Azerbaijan remains very limited. It analyses three decisions of the Constitutional Court referencing to CJEU jurisprudence. Furthermore, the author tries to identify the reasons for this by analysing the legal and courts systems, as well as the legal education, and comes up with several proposals on how to make the CJEU jurisprudence more fruitful for Azerbaijan, but also for other neighbouring jurisdictions.

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