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Article

Access_open The Right to Same-Sex Marriage: Assessing the European Court of Human Rights’ Consensus-Based Analysis in Recent Judgments Concerning Equal Marriage Rights

Journal Erasmus Law Review, Issue 3 2017
Keywords same-sex marriage, gay marriage, European consensus, margin of appreciation, consensus-based analysis by the ECtHR
Authors Masuma Shahid
AbstractAuthor's information

    This contribution assesses the consensus-based analysis and reasoning of the European Court of Human Rights in recent judgments concerning equal marriage rights and compares it to the Court’s past jurisprudence on European consensus and the margin of appreciation awarded to Member States regarding the issue of equal marriage rights. The contribution aims to analyse whether there is a parallel to be seen between the rapid global trend of legalisation of same-sex marriage and the development or evolution of the case law of the ECtHR on the same topic. Furthermore, it demonstrates that the Court’s consensus-based analysis is problematic for several reasons and provides possible alternative approaches to the balancing of the Court between, on the one hand, protecting rights of minorities (in this case same-sex couples invoking equal marriage rights) under the European Convention on Human Rights and, on the other hand, maintaining its credibility, authority and legitimacy towards Member States that might disapprove of the evolving case law in the context of same-sex relationships. It also offers insights as to the future of European consensus in the context of equal marriage rights and ends with some concluding remarks.


Masuma Shahid
Lecturer, Department of International and European Union Law, Erasmus School of Law, Rotterdam.

    In this paper we investigate the effect of political sophistication on turnout and whether this effect differs in second-order national elections. Political sophistication is thought to influence turnout because the more sophisticated voters have access to more information about the electoral and the party system. In this paper, we start from the expectation that these effects should be even stronger in the context of secondorder national elections, where information about the stakes of the election is not readily available. We analyse citizens’ willingness to turn out to vote at different levels of government in Belgium and the Netherlands. The results show that a higher degree of political sophistication increases the probability to turn out at the national as well as the European level. Our expectation that this effect would be larger at the European level, however, is not supported by these results.


Dieter Stiers
Dieter Stiers werkt als doctoraatsstudent aan het Centre for Citizenship and Democracy van de KU Leuven. Zijn onderzoek richt zich op verkiezingsgedrag en in het bijzonder op de oorzaken en gevolgen van electorale volatiliteit.
Article

Identifying the Impetus behind the Europeanization of the Private International Law Rules on Family Matters and Succession

Journal European Journal of Law Reform, Issue 2 2015
Keywords area of freedom security and justice, EU citizenship, free movement of persons, international family matters, international succession
Authors Jacqueline Gray PhD
AbstractAuthor's information

    The EU is currently in the midst of unifying the private international law rules on family matters and succession. This article seeks to explain this expansion into essentially non-economic territory. In order to do so, it presents the ideological, problem-based, and legal considerations that appear to lie at the heart of legislative action in these fields. However, as will become apparent, it is the role of the Member States that is crucial in guiding this process.


Jacqueline Gray PhD
PhD Candidate, Utrecht Centre for European Research into Family Law, Utrecht University.

    This article discusses the possibility spouses have under the Rome III Regulation (EC Regulation 1259/2010) to choose the law applicable to their divorce. It discusses the limits and exceptions of this freedom to choose.


Dr. Thalia Kruger
Thalia Kruger is professor at the law faculty of the University of Antwerp, where she teaches and researches private international law, international civil procedure and international family law. She is also Honorary Research Associate at the University of Cape Town.
Article

Tweede Orde Personalisering: Voorkeurstemmen in Nederland

Journal Res Publica, Issue 2 2012
Keywords preference voting, personalization, Dutch national elections, expressive voting
Authors Joop J.M. Van Holsteyn and Rudy B. Andeweg
AbstractAuthor's information

    If the impact of party leaders on the electoral fate of their parties may be called first order personalization, this paper addresses second order personalization: a preference for an individual candidate having to do with that person embedded in a prior choice for the candidate’s party. Using survey data and election results with respect to intraparty preference voting in The Netherlands, this study explores the characteristics of both voters casting a vote for a candidate other than the party leader and candidates receiving preference votes. Given the increase in intraparty preference voting, second order personalization has increased considerably in recent decades. Moreover, the correlates of second order personalization differ from those identified for first order personalization: intraparty preference votes are cast more often by higher educated, politically interested and efficacious female voters. Intraparty preference voting also seems to be a form of expressive rather than instrumental electoral behaviour: female candidates, and to a lesser extent ethnic candidates, receive more preference votes, but such votes are cast predominantly for the highest placed female (or ethnic) candidate on the list – candidates who would be elected on the basis of their position on the party list anyway.


Joop J.M. Van Holsteyn
Joop van Holsteyn is als universitair hoofddocent en bijzonder hoogleraar Kiezersonderzoek verbonden aan het Instituut voor Politieke Wetenschap van de Universiteit Leiden. Zijn onderzoek is gericht op diverse aspecten van politieke houdingen, publieke opinie en politiek en electoraal gedrag.

Rudy B. Andeweg
Rudy Andeweg is als hoogleraar empirische politicologie verbonden aan het Instituut voor Politieke Wetenschap van de Universiteit Leiden. Zijn onderzoek is gericht op diverse aspecten van politieke representatie.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal.

Matteo Fiori
Matteo Fiori is a lawyer practicing with Vicerè, Cinti, Bonafaccia & Rossi Associated & Partners in Rome. He graduated in Law from the University of Rome ‘La Sapienza’. Fiori has a Master’s of Law from the University of Groningen.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal.

Matteo Fiori
Matteo Fiori, graduated in Law from the University of Rome “La Sapienza”. He has a Master of Law from the University of Groningen, and has been admitted to the Bar in Italy. In 2006 he worked as a legal intern at the International Criminal Tribunal for the former Yugoslavia.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-Chief of the Hague Justice Portal.

Matteo Fiori
Article

Background and History of the Outer Space Treaties

1997 IISL-ECSL Space Law Symposium Held on the Occasion of the 36th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Celebrating the 30th Anniversary of the Outer Space Treaty"

Journal International Institute of Space Law, Issue 5 1997
Authors Y. Kolosov

Y. Kolosov
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