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Articles in Council of Europe

What happens when criminal justice goes international?

13/11/2017 – 11:21 am |

Mikkel Jarle Christensen, associate professor in iCourts, and Ron Levi, professor at the Munk School of Global Affairs, have published a new edited volume with Routledge: International Practices of Criminal Law: Social and Legal Perspectives.
The edited volume examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international …

The new subsidiarity doctrine of the European Court of Human Rights

03/11/2017 – 12:38 pm |

Professor and Principal Investigator of iCourts, Mikael Rask Madsen, has published a new article in the Journal of International Dispute Resolution: Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe? 
Here is the abstract:
Has the Brighton Declaration produced a New Deal on European human rights by assigning a new and more central role to national legal and political institutions and …

Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe?

27/06/2017 – 4:30 pm | Comments Off on Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe?

Celebrating iCourts working paper number 100, the series just published professor Mikael Rask Madsen article Rebalancing European Human Rights: Has the Brighton Declaration Engendered a New Deal on Human Rights in Europe? The article is also forthcoming in Journal of International Dispute Settlement.
Here is the abstract:
Has the Brighton Declaration produced a New Deal on European human rights in terms of engendering a new and more central …

ECHR: Turkey to pay substantial compensation over Cyprus invasion

12/05/2014 – 7:32 pm | Comments Off on ECHR: Turkey to pay substantial compensation over Cyprus invasion

In a historical judgment delivered today, the European Court of Human Rights (ECHR) reached an important milestone in a case between Cyprus and Turkey that had been ongoing for twenty long years, by deciding on the compensation due to Greek Cypriots on account of numerous human rights violations by Turkey. According to the relevant press release, the ruling concerns violations “arising out of the military …

The Council of Europe urges Russia to reform the judiciary

17/11/2013 – 6:45 am | Comments Off on The Council of Europe urges Russia to reform the judiciary

Source: JURIST
“The Council of Europe [official website] on Tuesday urged Russian President Vladimir Putin [press release] to extend preliminary reforms of the judicial system of the Russian Federation in order to strengthen the independence and impartiality of the judiciary. The announcement includes the findings of an investigation [report, PDF] into the administration of justice and protection of human rights in the Russian Federation, conducted in April 2013 by the the Commissioner …

Venice Commission opinion critical of Hungary’s constitutional changes, but welcomes government readiness to make certain revisions

16/06/2013 – 3:46 pm | Comments Off on Venice Commission opinion critical of Hungary’s constitutional changes, but welcomes government readiness to make certain revisions

The European Commission for Democracy Through Law – the Council of Europe’s constitutional experts known as the “Venice Commission” – on 14 June 2013 issued an opinion that was critical of Hungary’s Fourth Amendment to its Fundamental Law, but welcomed the announcement of the Hungarian government to make certain revisions.
Further details as well as the provisional text of the Venice Commission Opinion are available at …

Brighton Declaration Adopted at the High Level Conference on the Future of the European Court of Human Rights

01/05/2012 – 2:58 pm | Comments Off on Brighton Declaration Adopted at the High Level Conference on the Future of the European Court of Human Rights

Through the Brighton Declaration adopted at the High Level Conference on the Future of the European Court of Human Rights meeting at Brighton on 19 and 20 April 2012 at the initiative of the United Kingdom Chairmanship of the Committee of Ministers of the Council of Europe the Member States of the European Convention on Human Rights (ECHR or Convention) reaffirmed their deep and abiding …

The Role of the Council of Europe in the Fight against Trafficking in Persons

07/12/2011 – 3:39 pm | Comments Off on The Role of the Council of Europe in the Fight against Trafficking in Persons

* By Dr. Roberta Avellino
Introduction
The role of the Council of Europe in areas, which affect the full enjoyment of human rights and fundamental freedoms, has always been of great significance. Consequently, the Council of Europe has also invested in its fight against trafficking in human beings with the protection and promotion of the fundamental human rights of the victims as its primary mission. In fact, …

Introducing a guest post by Roberta Avellino

07/12/2011 – 3:35 pm | Comments Off on Introducing a guest post by Roberta Avellino

This guest post by Dr. Roberta Avellino, who holds a Doctor of Law Degree and a Master of Laws (LL.M.) in International Law from the University of Malta, discusses the role of the Council of Europe in the fight against trafficking in persons with special reference to the Convention on Action against Trafficking in Human Beings whilst delineating emerging challenges. In her research Dr. Avellino …

Protecting the Rights of Roma – New Resources from the CoE

25/11/2011 – 8:59 am | Comments Off on Protecting the Rights of Roma – New Resources from the CoE

In an effort to combat the marginalisation of the Roma people and to contribute to their full integration into society, the Council of Europe has published factsheets ‘Protecting the Rights of Roma’.
Key to the process of integration is the education of both Roma and non-Roma. Knowledge about the history and culture of the Roma nation, which numerically is the largest minority in Europe, is still …

Council of Europe Report on Human Rights and Business

16/10/2010 – 12:03 pm | One Comment

Council of Europe has recently published a report on human rights and business. It was prepared by rapporteur Mr Holger Haibach. Here is the summary:

With globalisation, large multinational companies have faced charges that they are violating human rights, especially in developing countries: child labour in the textile industry, environmental disasters caused by the oil industry, or breaches of the right to privacy by telecommunication companies are …

Better Protection of National Minorities and Minority Languages in Sweden?

16/02/2010 – 7:57 am | Comments Off on Better Protection of National Minorities and Minority Languages in Sweden?

1.         Minorities and Minority Rights in Sweden
On 1 January 2010 a new Act on National Minorities and National Minority Languages[1] entered into force in Sweden. The new law is a response to the deficiencies that were found in Sweden’s implementation of its international obligations to protect national minorities and their languages.
The Swedish Constitution of 1974 provides in Art. 2(5) an obligation for the State to …

Litigation in the ECtHR and Domestic Implementation of Human Rights Case Law

16/06/2009 – 12:33 pm | One Comment

The margin of appreciation doctrine of European Court of Human Rights gives states leeway in their interpretation of the European Convention on Human Rights. States also have the freedom to decide how they implement judgments finding violations against them. This has meant that individuals in each Council of Europe (CoE) member state experience rights protection and abuse in often quite different ways. The JURISTRAS project, …

New Council of Europe memorandum confirms that UK immigration detention system violates human rights

26/09/2008 – 9:10 pm | Comments Off on New Council of Europe memorandum confirms that UK immigration detention system violates human rights

The Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg has published his memorandum on the UK asylum and immigration system with a number of notable conclusions and recommendations. Amongst many other points, the memorandum attacks head-straight the lack of a legal framework regarding detention of asylum seekers in “Fast Track Processes”, proceedings aimed at an accelerated determination of refugee status, which coincidentally …