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Rule of Law Guardian for the Public Health Derogation
Author: Kate Shaw
In an era of Covid 19, the book The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, it The Court of Justice of the European Unionargues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Author: Zamira Xhaferri
This book examines the law and practice of the delegation of rulemaking powers to the European Commission. It combines legal doctrine with empirical research methods to bridge the gap between “law on the books” and “law in action” to fully appreciate the meaning and the impact of the changes post-Lisbon. The results of the empirical case study provide food for thought on how the current legal framework regime for delegated rulemaking by the European Commission could be improved. The findings seek to contribute to the academic and policy debates on this research topic that is likely to continue in forthcoming years.
Author: Yuji Iwasawa
Domestic Application of International Law analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues, inter alia, the following: direct applicability is a question of domestic law; international law is presumed to be directly applicable; the criteria for direct applicability are grounds to exclude rather than establish direct applicability; the positive intent of the parties should not be considered a criterion; domestic legal force is a prerequisite for direct applicability; a relative approach to direct applicability should be adopted.
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
Author: Niovi Vavoula
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
Author: Nino Tsereteli

Abstract

This article investigates the formal and informal factors behind the persistence of judicial oligarchies in post-communist countries despite large-scale reforms. This case study on Georgia reveals that formal positions of power in these judiciaries can be monopolized by a close-knit group, with a handful of influential judges (i.e. judicial oligarchs) at the top of its hierarchical structure. Drawing on in-depth interviews with sitting as well as former judges and other stakeholders of reform processes, the article attributes the failure to dismantle the rule of judicial oligarchs at least partly to legislative flaws and loopholes. More importantly, it warns about the reliance of judicial oligarchs on informal rules and practices to undermine formal rules and procedures meant to facilitate the meaningful participation of all judges in governing the judiciary. It uncovers informal mechanisms allowing the network of powerful judges to suppress the emergence of competing judicial networks and cement itself into leadership positions. Finally, the article reflects on the implications of these findings for designing and implementing judicial reforms in Georgia and beyond.

In: Review of Central and East European Law

Abstract

This article addresses the issue of rights consciousness in the context of the Hungarian legal culture. The paper first elaborates the theoretical and conceptual framework, then it describes the research design used for the empirical investigation. The empirical section of the article presents the findings about the Hungarian empirical analysis on rights consciousness with some comparative remarks, and then it reflects on the historically shaped socio-legal embeddedness of rights consciousness patterns in Hungary. In conclusion, the paper points out that the apparent broadening of rights consciousness as a normative pattern may counterbalance the widespread legal alienation rooted in the state Socialist past. Whether this transformation may mitigate the recent autocratic power aspirations is still an open question.

In: Review of Central and East European Law
Author: Aldar Chirninov

Abstract

This article examines the landmark Aliev case decided by the Russian Constitutional Court in 2020. In this case, the Constitutional Court was expected to determine whether jurors must be prohibited from testifying about the outside influence they were subjected to during deliberation. The paper discusses what is right and wrong with the Constitutional Court’s judgment and assesses the quality of its argumentation. The paper explores how the Constitutional Court’s approach compares and contrasts with other countries’ approaches and briefly outlines the structure of legislative reforms that need to be undertaken in Russia in the light of foreign experience. Overall, the author concludes that the integrity of jurors in Russia should be protected not by enabling jurors to testify at their discretion but by strengthening their legal immunity, which will strike an optimal balance between competing constitutional values.

In: Review of Central and East European Law
Volume 1, Cross-cutting Themes
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.

The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.

Volume 1, entitled Cross-Cutting Themes, provides readers with descriptive and analytical accounts of the birth and evolution of the Charter system, the rules governing its interactions with domestic authorities, a number of thematic areas and concepts that elucidate the spirit of the treaty, and the differences and synergies between the European Social Charter and other European and international regulatory frameworks. This volume lays the groundwork for the article-by-article commentary on the European Social Charter that will be presented in the subsequent seven volumes, providing crucial context and highlighting the conceptual and operational links between the various Charter provisions. This first volume is edited by Stefano Angeleri (Queen’s University Belfast) and Carole Nivard (Université de Rouen).
In: The European Social Charter: A Commentary