Search results
Found 3485 matches for
The case law of the court of justice in the field of sex equality since 2000
This article examines developments in EC sex equality law from 1 April 2000 to 4 October 2006, continuing this journal’s tradition of periodic reviews of developments in this field. We focus on the case law of the European Court of Justice, along with one judgment of the EFTA court, taking into account the changing legislative and constitutional context. In the period under review, this context has changed in several ways.
Ireland's nice referenda
Part One: Referenda required to amend Irish Constitution. Referenda on accession to EEC, the Single European Act, Maastricht and Amsterdam. Development by courts of rules for fairness of referendum campaigns. Referendum Acts and Referendum Commission; Part Two: First Nice Referendum dominated by euro-anxiety, Irish neutrality and enlargement. Second referendum on same subject not unusual and acceptable according to domestic criteria. Concessions and clarifications. Effect on the Convention on the Future of Europe; Part Three: implications for the Constitutional Treaty.
UK Migration Policy and EU Law
This policy primer discusses how EU membership shapes UK migration policy.
Citizenship of the union: above abuse?
Book description: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
The evolution of fundamental rights charters and case law: a comparison of the United Nations, Council of Europe and European Union systems of human rights protection
This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.
EC immigration and asylum policymaking: integrating a role for the Oireachtas
Book description: Membership of the European Union has meant a gradual shift of decision-making powers from national level to European level in a broad range of policy fields. At European level, one of the dilemmas which has had to be confronted has been how best to incorporate an input by national parliaments into the European policy-making process. Within Member State systems, most thought has had to be given to how to avoid excessive dominance of the legislative branch of national government by the executive in policy fields regulated at European level as government ministers from twenty-five Member States meet regularly to agree to European-wide legislation on a range of issues which has expanded greatly over the years. This book examines the extent to which national legislatures, such as the Irish Oireachtas, have shown themselves able to react to-date to what is simultaneously an opportunity and a challenge to their position vis-à-vis the executive branch of government.
Implementation of the Procedures Directive (2005/85) in the United Kingdom
On 1 December 2007, the deadline for the implementation of the Directive 2005/85/EC on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status expired. The lectures on which this book is based were originally given during a seminar on the Procedures Directive that took place in Nijmegen, at the Centre for Migration Law, Radboud University, on Wednesday 12 December 2007. In light of the very substantial level of interest, we have decided to publish a book on the results of the seminar so that people who were not able to attend may benefit from the wealth of knowledge and information which was shared. This book offers insight in all the different aspects of the Procedures Directive.
The EU and the ECHR before European and Irish Courts
Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, legal developments in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Developments in the European Court of Human Rights have highlighted the increasing potential for using the ECHR to positive effect in Irish law. This second edition of ECHR and Irish Law examines the impact of the ECHR on Irish law and considers the actual and potential contribution of the ECHR Act to domestic law in a range of areas. The work begins with research on the impact of the Act and an examination of the relationship between the ECHR, Irish law and EU law.
The asylum procedures directive in legal context: equivocal standards meet general principles
Book description: This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality.
The European asylum procedures directive in legal context
In the Tampere Conclusions, the European Council pledged to develop ‘common standards for a fair and efficient asylum procedure’ in Europe. This chapter considers whether this commitment has been met in the Procedures Directive. In this discussion, fairness is understood in a general sense, as familiar from administrative law, requiring adequate hearing and impartiality, albeit adapted to the specificities of the asylum process. Efficiency is a more difficult concept. It tends to be conceived of in a narrow state-centric manner, as the minimisation of the costs of providing protection, in a manner apt to undermine fairness. The Tampere commitment in contrast implies that the notions must be conceived of as mutually reinforcing.
Administrative governance and the Europeanisation of asylum and immigration policy
Book description: This book is a unique contribution to the understanding of the reality of government and governance in the European Union (EU). It illustrates the EU’s multi-level system and within it the activities of agenda setting, policy formulation and implementation which all involve co-operation between public administrations from the sub-national, national, supranational and international levels. The book portrays how co-operation amongst administrations in Europe has become the backbone of the EU’s unique system of government and governance. Many forms of co-operation have led to a truly integrated administration, which has developed in an evolutionary fashion and operates in large parts beyond the formally constituted rules of the treaties. EU Administrative Governance unites studies analysing policy phases and the most important policy areas from all three pillars of the EU. It outlines some of the main challenges which arise from the close integration of national and European administrations and explores implications for accountability and legitimacy of Europe’s increasingly integrated administration. This unique contribution to the contemporary understanding of structures underlying European government and the exercise of governance will be of great interest to scholars in the fields of administrative law, EU law and administrative sciences.
Gender equalities and the European Union Charter of Fundamental Rights (In: Economic and Social Rights under the EU Charter of Fundamental Rights)
The Charter of Fundamental Rights of the European Union includes,in addition to the traditional ‘civil and political rights’, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?
Rethinking the ‘refugee warrior’: the Karen National Union and refugee protection on the Thai–Burma border
Well-founded fears that ‘refugee warriors’ will use refugee camps as a base for military operations, exploit a wider refugee population, or misuse international aid have led to the development of policies intended to ensure the separation of combatants and civilian refugee populations. However, a dogmatic approach to that policy goal may miss the true complexity of both refugee protection and the relationships between a refugee population and a military group. This article examines an alternative possibility, that a non-state armed group may be a potential partner in refugee protection and welfare promotion. It draws on the experiences of refugees from Burma living in camps in Thailand, where there has been a long-standing connection between camp governance structures and a political/military organization movement, the Karen National Union/Karen National Liberation Army. While camp governance activities have been flawed, they have also displayed a high level of integrity. It is argued that in such a situation, where there is a proven record of working to improve civilian welfare, international organizations might usefully explore possibilities of engagement with non-state armed groups as partners in refugee protection, with the specific goal of encouraging a more representative, accountable, and democratic approach to governance.
Detention in the War on Terror
Book description: Contemporary prison practice faces many challenges, is developing rapidly and is become increasingly professionalized, influenced by the new National Offender Management Service. As well as bringing an increased emphasis on skills and qualifications it has also introduced a new set of ideas and concepts into the established prisons and penal lexicon. At the same time courses on prisons and penology remain important components of criminology and criminal justice degree courses. This will be the essential source of reference for the increasing number of people studying in, working in prisons and working with prisoners.
Political imprisonment and the War on Terror
Book description: This is the most comprehensive and ambitious book on prisons to have been published, a key text for anybody studying the subject and an essential work of reference for practitioners working in prisons and other parts of the criminal justice system. It is especially timely in view of the many changes and debates about the role of prisons and their future organisation and management as part of the National Offender Management Service. A key aim of the book is to explore a wide range of historical and contemporary issues relating to prisons, imprisonment and prison management, and to chart likely future trends. Chapters in the book are written by leading scholars in the field, and reflect the range and depth of prison research and scholarship.
Citizenship, deportation and the boundaries of belonging
Taking the growing use of deportation by many states, including the UK and the USA, as its point of departure, this article examines the implications of deportation for how citizenship is understood and conceptualised in liberal states. We follow scholars such as Walters (2002, Citizenship studies, 6 (2), 265–292) and Nicholas De Genova (2010, The deportation regime: sovereignty, space and freedom of movement. Durham, NC: Duke University Press, 33–65) in seeing deportation as a practice that is ‘constitutive of citizenship’, one that reaffirms the formal and normative boundaries of membership in an international system of nominally independent states. However, we draw on the UK to show that, as a particularly definitive and symbolically resonant way of dividing citizens from (putative) strangers, deportation is liable to generate conflicts amongst citizens and between citizens and the state over the question of who is part of the normative community of members. Such conflict is, we show, a key and everyday feature of the many local anti-deportation campaigns that currently operate in support of individuals and families facing expulsion in liberal states. Although often used by governmental elites as a way to reaffirm the shared significance of citizenship, deportation, we suggest, may serve to highlight just how divided and confused modern societies are in how they conceptualise both who is a member and who has the right to judge who belongs.