The impact of European Union membership conditionality of human rights in Turkey

2009 ◽  
Author(s):  
Mustafa Cuneyt Ozsahin
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Membership ◽  
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.

Judicial navigation as official law meets culture in Turkey

2008 ◽  
Vol 4 (1) ◽  
pp. 35-61 ◽  
Author(s):  
Esin Örücü
Keyword(s):  
European Union ◽  
Human Rights ◽  
Conceptual Framework ◽  
Legal System ◽  
Union Membership ◽  
Legal Framework ◽  
Traditional Values ◽  
Human Rights Law ◽  
The People

This article aims to assess the work of the courts as navigators when law meets culture in Turkey, where the culture of the official legal system and the culture of the people do not always accord. First the conceptual framework used is analysed, then readers are introduced to the peculiarities of Turkish law and socioculture, and finally, the work of the judge is considered. Selected cases are in three groups: cases where courts face culture contrary to the vision embodied in the official legal framework; then, where courts face culture which can be catered for within the legal framework, though not in keeping with it, and now need revision because of the aspired European Union membership; and finally, where courts face demands of further Europeanisation and human rights law from the outside, which may or may not fit in the framework or the traditional values of the people.

The Secularism Debate and Turkey's Quest for European Union Membership

2008 ◽  
Vol 3 (1) ◽  
pp. 15-32 ◽  
Author(s):  
Edel Hughes
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Membership ◽  
The European Union ◽  
Islamic Revival ◽  
The Subject ◽  
Turkish State ◽  
Modern Turkey

AbstractThe potential accession of Turkey to the European Union is undoubtedly one of the Union's most contested prospective enlargements. Among the stated concerns are continuing problems surrounding Cyprus and Turkey's record in terms of fundamental human rights protections. The nature of the Turkish state and its current government, headed by the Islamic Refah Partisi, is also the subject of much discussion. This article traces the development of secularism in modern Turkey and outlines the effect that the Islamic revival is having on both Turkey and its attempts to join the ranks of the European Union.

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.

Reason vs. emotion in the Brexit campaign: How key political actors and their followers used Twitter

First Monday ◽  
2020 ◽  
Author(s):  
Jorge Martins Rosa ◽  
Cristian Jiménez Ruiz
Keyword(s):  
European Union ◽  
Social Network ◽  
Union Membership ◽  
Online Social Network ◽  
David Cameron ◽  
Political Actors ◽  
The United Kingdom ◽  
General Elections ◽  
The Impact ◽  
Jeremy Corbyn

Online social network platforms have been, since their rise to prominence, considered as relevant gateways to study individual behaviors. One of those realms is politics, from massive movements and demonstrations to institutionalized events like general elections or referendums in democratic countries. In this paper, we are interested in the behavior of professional politicians in the United Kingdom European Union membership referendum of June 2016, colloquially known as the “Brexit referendum”. We ask how, during the final weeks of the campaign, four key political actors (Jeremy Corbyn, David Cameron, Boris Johnson, and Nigel Farage) used Twitter through their official accounts regarding this popular consultation and how that action was received by their followers. To be more precise, we ask if they predominantly appealed to emotions or to rational arguments (Usage Axis), and what was, in each case, the impact of the tweets (Impact Axis). We conclude that, regardless of the way each actor used Twitter during the campaign, the appeal to emotions and the debasement of the opposing views tended to have more relevance, which may be a distressing hypothesis for democracy.

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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