Browse results

What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data.

The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Author:
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Author:
The UK has demonstrated its preference for intergovernmental rather than supranational relations. Nonetheless, 47 years of EU membership have involved unparalleled restrictions on its sovereignty, which have triggered the attempt to ‘take back control’ through its withdrawal. This book shows how the British left us with valuable lessons on the legal and procedural constraints to EU withdrawal, which have led to a post-Brexit Britain that continues bound by the important supranational features that have transcended its abandoned membership into its new relationship with the EU.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
Volume Editors: and
The Treaty of Lisbon has significantly enhanced the EU’s institutional framework and the instruments at its disposal in foreign policy and external relations, notably through the creation of the function of the High Representative, supported by the European External Action Service. Contributing to the maintenance of international peace and security is one of the core objectives of the EU’s external action. This volume, with contributions from legal experts on EU foreign policy and external relations, illustrates the manifold legal issues arising in EU external action and in its efforts to achieve this essential objective.