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States on a Spectrum of Democratisation
Author:
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.
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.
States on a Spectrum of Democratisation
Author:
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.
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.
Editor:
Studies in EU External Relations is a peer-reviewed book series dedicated to the legal, political, trade and historical aspects of the EU's relations with non-member states or regions or other international organisations.
Focusing on the EU's position and role in the world, the series covers the Union’s bilateral as well as its multilateral relations with third countries. This coverage extends to institutional, legal and political issues on or affecting external relations, as well as to specific sectoral substantive topics, including migration, defence or trade matters for example. The series also includes monographs on the external dimension of substantive domestic EU policies (competition, environment, etc). In addition, the series welcomes studies on various facets of the EU enlargement phenomenon and the European Neighbourhood Policy.
Manuscript Submission:
Authors are cordially invited to submit proposals and/or full manuscripts to Marie Sheldon.
For further information on book proposals and manuscript submission, please see our Author Gateway.
Focusing on the EU's position and role in the world, the series covers the Union’s bilateral as well as its multilateral relations with third countries. This coverage extends to institutional, legal and political issues on or affecting external relations, as well as to specific sectoral substantive topics, including migration, defence or trade matters for example. The series also includes monographs on the external dimension of substantive domestic EU policies (competition, environment, etc). In addition, the series welcomes studies on various facets of the EU enlargement phenomenon and the European Neighbourhood Policy.
Manuscript Submission:
Authors are cordially invited to submit proposals and/or full manuscripts to Marie Sheldon.
For further information on book proposals and manuscript submission, please see our Author Gateway.
Nijhoff Studies in European Union Law is a refereed scholarly monographs series dedicated to the critical analysis of the current state and development of European Union law in a broad sense. Apart from constitutional, institutional and substantive issues of EU law, the series also embraces state-of-the-art interdisciplinary, comparative law and EU policies research with a clear link to European integration. Titles in the Nijhoff Studies in European Union Law series will be of particular interest to academics, policy makers and practitioners dealing with EU law and policies, as well as national and international (non) governmental institutions and bodies.
Authors are cordially invited to submit proposals and/or full manuscripts to Ingeborg van der Laan.
Authors are cordially invited to submit proposals and/or full manuscripts to Ingeborg van der Laan.
Case Studies on Development Cooperation and Enlargement
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.
Case Studies on Development Cooperation and Enlargement
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.
The Case of Brexit
Author:
The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to ‘take back control’ but have also been especially present during the process of Britain’s withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State’s withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.
The Case of Brexit
Author:
The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to ‘take back control’ but have also been especially present during the process of Britain’s withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State’s withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.
Author:
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.
Author:
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.
Retrospective and Prospective
Author:
Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Retrospective and Prospective
Author:
Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Liber Amicorum in honour of Gert-Jan van Hegelsom
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.
Liber Amicorum in honour of Gert-Jan van Hegelsom
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.
A Comparative Study of English and Chinese Law
Author:
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
A Comparative Study of English and Chinese Law
Author:
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.