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Remedies for Human Rights Violations by the European Union

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Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within t...

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Remedies for Human Rights Violations by the European Union
Remedies for Human Rights Violations by the European Union
Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within the EU’s legal system and beyond. The first Part of the book highlights the significant challenges in the process of claiming remedies for human rights violations committed by the EU. Part II examines the increasing significance of the remedy provided by the principle of non-contractual liability in the framework of EU human rights law. Part III goes a step beyond and examines potential remedies in the sphere of international law, both as an alternative to the EU’s legal system and additional protection. The book contains a comprehensive analysis of substantial and procedural, EU and international, law. It is a detailed and informed handbook f…
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Improving the European Arrest Warrant
Improving the European Arrest Warrant
The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission’s outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the execu…
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Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law - Sylvester Sammie - eBook (9789051897937)
Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law - Sylvester Sammie - eBook (9789051897937)
Linking High-level Accused to Sexual and Gender-Based Crimes in International Criminal Law focuses on the theoretical and practical perspectives taken by the ICTY, ICTR, and ICC. It seeks to answer the question of how high-level officials can and should be investigated and prosecuted for their role in the commission of sexual and gender-based crimes. The author examines the forms, types, and amount of evidence used to prove the role of these high-level accused in the commission of crimes by rank-and-file soldiers. As the accused are usually not present on the crime scene, the international criminal courts and tribunals must rely on individual criminal liability theories enshrined in Article 7 ICTY Statute, Article 6 ICTR Statute, and Articles 25 & 28 Rome Statute to connect them to the atrocities committed on the ground. 100 individual cases from the ICTY, ICTR, and ICC are examined and reveal that in most cases there was sufficient evidence to prove that sexual and gender-based crimes…
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Sexuality, Subjectivity, and LGBTQ Militancy in the United States - Guillaume Marche - eBook (9789048528646)
Sexuality, Subjectivity, and LGBTQ Militancy in the United States - Guillaume Marche - eBook (9789048528646)
As LGBTQ movements in Western Europe and North America are becoming increasingly successful at awarding LGBTQ people rights, especially institutional recognition for same-sex couples and their families, what becomes of the deeper social transformation that these movements initially aimed to achieve? The United States is in many ways a paradigmatic model for LGBTQ movements in other countries. This book focuses on the transformations of the United States' LGBTQ movement since the 1980s, highlighting the relationship between its institutionalization and the disappearance of sexuality from its most visible claims, so that its growing visibility and legitimation since the 1990s have not led to an increase in militancy. The book examines the issue from the bottom up, identifying the links between the varying importance of sexuality as a movement theme and actors' mobilization, and enhances the import of subjectivity in militancy. It draws attention to cultural, sometimes infrapolitical, for…
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Legitimate by Nature?
Legitimate by Nature?
International crimes cause widespread victimisation and destruction, leading to social disruption that may take generations to repair. Over the years, the international community has established international courts to end the culture of impunity in relation to such crimes and to enforce a culture of accountability. A critical success factor for these courts is to ensure that they are perceived as legitimate in post-conflict societies. Established after the 1994 genocide against the Tutsi ethnic group, the International Criminal Tribunal for Rwanda (ICTR) was active for 20 years and closed its doors in December 2015. This book identifies the legitimacy challenges faced by the ICTR, based in Arusha, Tanzania, and its subsequent legitimisation activities implemented to gain, maintain and repair legitimacy, while also examining which stakeholders the ICTR targeted in its efforts to establish and/or maintain its legitimacy. This book is intended for policy-makers and practitioners working …
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Productomschrijving

Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within the EU’s legal system and beyond. The first Part of the book highlights the significant challenges in the process of claiming remedies for human rights violations committed by the EU. Part II examines the increasing significance of the remedy provided by the principle of non-contractual liability in the framework of EU human rights law. Part III goes a step beyond and examines potential remedies in the sphere of international law, both as an alternative to the EU’s legal system and additional protection. The book contains a comprehensive analysis of substantial and procedural, EU and international, law. It is a detailed and informed handbook for students, academics and practitioners alike.

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    Eleven International Publishing

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