Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.
, 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
Editor-in-Chief Constantin Iordachi, Markian Prokopovych, Balazs Trencsenyi and Maciej Janowski
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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.
Derek Hutcheson and Ian McAllister
’nyi, who claimed that the allegations were politically-motivated, appealed to the European Court of Human Rights and, following its verdict in early 2016 that the original trial had been flawed, the verdict was overturned by the Russian Supreme Court in November 2016. 13 However, the case was retried
Arkadii E. Lyubarev
maximum term of punishment provided by the relevant article. As a result, the citizens sentenced to imprisonment conditionally, were also deprived of passive suffrage. In particular, Alexei Navalny, whose sentence was once rejected by the European court of human rights, was deprived of the right to
put their hope for redemption in the European Court of Human Rights, viewing their defeats in the Russian domestic courts as inevitable. In Russia, as elsewhere, the legal profession is not static. Every year, thousands of young people graduate from law faculties, opening the possibility for change
litigation have changed as ngo s are deprived of resources they need to front cases at the European Court of Human Rights ( echr ). 6 ngo s and hrd s must now devote more and more time to ridding themselves of a stigmatizing label, rather than honing their skills in presenting cases for
European Court of Human Rights. Navalny’s election campaign manager, Vladimir Ashurkov, was accused of ‘illegal crowd-funding’, and his chief of staff Leonid Volkov was charged with ‘obstructing the work of a journalist’ because of his fleeting conflict with a correspondent for the pro-Kremlin TV channel
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