18

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Primacy's Twilight? On the Legal Consequences of the Ruling of the Federal Constitutional Court of 5 May 2020 for the Primacy of EU Law

27-04-2021

The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

The principles of equality and non-discrimination, a comparative law perspective - Canada

26-11-2020

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World ...

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World War II era and were expanded and consolidated in the 1960s and 1970s. Constitutional reforms in the 1980s enshrined equality in the Canadian Charter of Rights and Freedoms. Since then, equality jurisprudence has expanded the interpretation of discrimination to include direct, indirect and systemic discrimination. Courts have rejected formal equality to embrace expansive notions of substantive equality in interpreting constitutional protections. Even with such strides over the last decades towards robust equality and non-discrimination principles and protections, just and effective implementation of their promise remains a pressing challenge for Canada.

Ulkopuolinen laatija

Professor Colleen SHEPPARD, Professor of Law, Faculty of Law, McGill University

Targeted sanctions against individuals on grounds of grave human rights violations – impact, trends and prospects at EU level

26-04-2018

Sanctions are one of the tools utilised to address human rights violations. They are also an increasingly prominent tool in the European Union’s foreign policy. International sanctions policy is part of a global trend towards individualisation: rather than affecting the state as a whole, bans nowadays are targeted at individuals identified as responsible for the abuses. The present study analyses the evolution of targeted sanctions regimes imposed by the EU, as well as by the UN, against individuals ...

Sanctions are one of the tools utilised to address human rights violations. They are also an increasingly prominent tool in the European Union’s foreign policy. International sanctions policy is part of a global trend towards individualisation: rather than affecting the state as a whole, bans nowadays are targeted at individuals identified as responsible for the abuses. The present study analyses the evolution of targeted sanctions regimes imposed by the EU, as well as by the UN, against individuals on grounds of gross human rights violations. It focuses on the most recent developments in international sanctions practice. It provides recommendations on how this tool could be further developed at EU level, making reference to the option of adopting a Global Magnitsky-type legislation allowing for the designation of human rights abusers worldwide.

Ulkopuolinen laatija

Clara Portela

Jurisdiction upon and after the UK’s withdrawal: The perspective from the UK Constitutional Order

10-01-2018

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this ...

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this agreement. It also looks on the role of domestic courts as well as the continued impact of CJEU -UK courts’ rulings. It finally looks into the relevant provisions on jurisdiction in the draft EU Withdrawal Bill currently debated in the UK Parliament.

Ulkopuolinen laatija

Steve PEERS

Statistical governance in Greece - recent developments

29-11-2017

This document provides an overview of the recent developments of Greek statistical system as well as an indication of the magnitude of the revision of public finance data after their first validation. It also covers legal proceedings before Greek courts against Andreas Georgiou (Head of the Greek Statistical Office, ELSTAT, between 2 August 2010 and 2 August 2015), among others on the ground of the accusation that he has inflated 2009 Greek deficit figures. This document is an update of a briefing ...

This document provides an overview of the recent developments of Greek statistical system as well as an indication of the magnitude of the revision of public finance data after their first validation. It also covers legal proceedings before Greek courts against Andreas Georgiou (Head of the Greek Statistical Office, ELSTAT, between 2 August 2010 and 2 August 2015), among others on the ground of the accusation that he has inflated 2009 Greek deficit figures. This document is an update of a briefing published in November 2016.

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - The United Kingdom

09-10-2017

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court structure in the UK. The study commences with an historical introduction which stresses the absence in domestic law of a clearly delineated sense of what counts as ‘constitutional’ .In traditional accounts of the UK Constitution there is no hierarchy of higher order ‘constitutional’ and ‘ordinary’ Acts of Parliament. Neither has a separate court structure developed to handle exclusively constitutional claims, although specialised ad hoc tribunals do exist in public law contexts. The underpinning principles remain (i) the doctrine of parliamentary sovereignty and (ii) the rule of law. After this introduction, a review is provided of the main remedies and procedures used for the redress of grievances against public bodies. In a subsequent section of materials, a table of the main sources of individual rights against the state is provided. The domestic status of constitutional conventions and international law are dealt with in this part. Then, an account of the substantive norms informing the standards of effective protection for the individual is given, including some critical commentary on the operation of key provisions. The concluding section compares the benefits and drawbacks of specialised tribunal adjudication, the ‘politicised’ nature of certain judicial review proceedings against a background of increasing privately-owned provision of services to the public and the continuing relevance of private law tort claims where compensation for mistreatment at the hands of the state is sought.

Ulkopuolinen laatija

EPRS, Comparative Law

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - United States of America

06-10-2017

This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider ...

This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider the various remedies available to individuals at both administrative and judicial level. The next step will be to look at the rules used as reference standards for the protection of individuals, and the case law of the highest courts regarding effective legal protection. Finally, we will draw some conclusions on the situation as a whole, with some suggestions for improvements. The immediate study describes the American model of judicial review, a decentralized model in which all courts have the authority to adjudicate constitutional matters alongside other types of litigation. Judicial review has been a part of major controversies throughout American history. The study describes how federal courts may hear constitutional claims of plaintiffs meeting the jurisdictional requirement for a concrete "case or controversy." It further describes the need for a plaintiff to demonstrate a cause of action in order to enforce his or her constitutional right. Remedies for constitutional violations include injunctive relief, declaratory judgments, damages, suppression of evidence, and post-conviction relief. The study also describes the absence in American law of a right to an effective remedy.

Ulkopuolinen laatija

EPRS, Comparative Law

Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation

30-06-2016

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as ...

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.

Forced Marriage from a Gender Perspective

15-02-2016

This study provides an overview of the practice of forced marriage in the EU from a gender equality and women’s rights perspective. It analyses the definitions of forced marriage and puts forward a definition from a gender perspective. It also provides an overview of the relevant international/EU legislation, policies and deliberations, as well as national policies, civil law and criminal law (in the 12 Member State that criminalise forced marriage). For those Member States that criminalise forced ...

This study provides an overview of the practice of forced marriage in the EU from a gender equality and women’s rights perspective. It analyses the definitions of forced marriage and puts forward a definition from a gender perspective. It also provides an overview of the relevant international/EU legislation, policies and deliberations, as well as national policies, civil law and criminal law (in the 12 Member State that criminalise forced marriage). For those Member States that criminalise forced marriage, the study provides an assessment of the effectiveness and possible consequences of the implementation of the criminal legislation, including an analysis of data and case-law. The study includes a specific chapter focusing on forced marriage within Roma communities and five case-studies specifically focusing on Denmark, Germany, Spain, Slovakia and the UK. The study also puts forward recommendations for improving the response to forced marriage at EU and Member State level.

Ulkopuolinen laatija

Emma Psaila, Vanessa Leigh, Marilena Verbari, Sara Fiorentini, Virginia Dalla Pozza and Ana Gomez

Indigenous Peoples, Extractive Industries and Human Rights

18-09-2014

The present study examines the human rights impacts of the extractive industries on indigenous peoples worldwide. It finds that there continue to be significant human rights risks associated with mining, oil and gas extraction falling disproportionately on indigenous peoples. It argues that the growing demand for non-renewable resources and the need to explore and exploit resources in ever more invasive ways suggest that such activities are likely to impinge even more on the lands of indigenous communities ...

The present study examines the human rights impacts of the extractive industries on indigenous peoples worldwide. It finds that there continue to be significant human rights risks associated with mining, oil and gas extraction falling disproportionately on indigenous peoples. It argues that the growing demand for non-renewable resources and the need to explore and exploit resources in ever more invasive ways suggest that such activities are likely to impinge even more on the lands of indigenous communities living in countries with important resource reserves. The paper acknowledges the major efforts being made by industry associations to address these issues through voluntary guidelines but finds that, notwithstanding, conflicts and violence persist and that further measures are required to protect the rights and interests of indigenous peoples. The universal acceptance of the 2007 Declaration on the Rights of Indigenous Peoples provides impetus to renewed efforts to ensure implementation of the provisions in practice. The paper concludes by recommending, among other things, that the European Union as one of the regions championing the Declaration at the United Nations take the initiative to develop a region-wide framework for extractive industries that sanction companies and provide legal redress in cases where the human rights of indigenous peoples are violated.

Ulkopuolinen laatija

Julian BURGER (University of Essex, United Kingdom)

Tulevat tapahtumat

07-09-2021
EPRS online policy roundtable: What is the future of (European) sovereignty?
Muu tapahtuma -
EPRS
08-09-2021
EPRS online policy roundtable: Statistics, Data and Trust: Why figures matter [...]
Muu tapahtuma -
EPRS
21-09-2021
EPRS online Book Talk with David Harley: Matters of Record: Inside European Politics
Muu tapahtuma -
EPRS

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