, and religious elites. As such, it is likely to become a major test case in international law, bringing the anti-extremism law before the Council of Europe via the European Court of Human Rights (ECtHR). The article will first consider why this particular religious minority has become a test case by
What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
Editor-in-Chief Constantin Iordachi, Markian Prokopovych, Balazs Trencsenyi and Maciej Janowski
Need support prior to submitting your manuscript? Make the process of preparing and submitting a manuscript easier with Brill's suite of author services, an online platform that connects academics seeking support for their work with specialized experts who can help.
A Predisposition of Former Yugoslav States to Liberal Peace
peace created for them ( Kostić 2008 ). This could well explain the continuous existence of institutions such as the Office of the High Representative, the BiH Constitutional Court, where judges are appointed by the president of the European Court of Human Rights, the eulex mission in Kosovo or the EU
building has filed a case against Ukraine in the European Court of Human Rights. The Ukrainian government has also been subject to criticism for violating citizens’ rights in the failure to conduct an investigation in a Report of the Office of the UN High Commissioner for Human Rights. 133 Mediators
); Alfred J. Rieber (Central European University, Budapest, Hungary); András Sajó (Central European University, Budapest, Hungary / European Court of Human Rights, Strasbourg, France); Karl Schlögel (European University Viadrina, Frankfurt an der Oder, Germany); Júlia Szalai (Hungarian Academy of Sciences
development that could be interpreted as constitutionalization, which namely applied to the European Convention on Human Rights ( echr ) and its enforcement by the European Court of Human Rights (ECtHR). The eu ’s and the CoE’s enlargement and constitutionalization are the main topics of Wojciech Sadurski
liberty for many minority faith communities in Europe through the European Court of Human Rights. Baran argues that Soviet Witnesses should be viewed not as leading a dual existence, namely complying with the state in public but privately going against its policies, but instead in a wide variety of ways
Ararat L. Osipian
about state building in Russia, as one would expect from its title, as it is about police corruption. Even though this corruption, described in detail, is systemic, endemic, and hierarchical, it is far short of state building. The book reads more like a verdict, handed down by the European Court of
Emily B. Baran and Zoe Knox
other has led to a deluge of cases before the European Court of Human Rights in Strasbourg from Russian citizens appealing Russian court decisions to what has become “…the de facto Supreme Court of human rights in Europe.” 18 This has highlighted the gulf between international human rights norms