Search result: 4 articles

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Year 2018 x

Ágota Török
Legal counsel, accredited public procurement consultant, National Infocommunications Service Company Ltd.
Article

The European Court of Human Rights and the Central and Eastern European States

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Case law regarding Central and Eastern Europe, ECHR, human rights, reform, European system of Human Rights
Authors András Baka
AbstractAuthor's information

    At the time of its creation and during the following 30 years, the European Court of Human Rights was a Western European institution. It was not until the sweeping political changes in 1989-1990 that the Central and Eastern European countries could join the European system of individual human rights protection. The massive and relatively rapid movement of accession of the ‘new states’ to the European Convention on Human Rights had a twofold effect. On the one hand it led to a complete reform of the human rights machinery of the Council of Europe, changing the structure and the procedure. A new, permanent and more efficient system emerged. What is even more important, the Court has had to deal with not only the traditional questions of individual human rights but under the Convention new issues were coming to the Court from applicants of the former eastern-bloc countries. On the other hand, being part of the European human rights mechanism, these countries got a chance to establish or re-establish the rule of law, they got support, legal standards and guidance on how to respect and protect individual human rights. The article addresses some of these elements. It also points out that public hopes and expectations towards the Court – especially nowadays in respect of certain countries – are sometimes too high. The Court has its limits. It has been designed to remedy certain individual injustices of democratic states following common values but cannot alone substitute seriously weakened democratic statehood.


András Baka
Former judge of the ECtHR (1991-2008); former president of the Hungarian Supreme Court.
Article

Formele bestuurslaag of informele belangengroep?

Een literatuurstudie over de rol en invloed van lokale besturen in het Europese multilevel governance systeem

Journal Res Publica, Issue 3 2018
Keywords local government, Europeanization, multilevel governance, interest group politics, European decision-making, literature review
Authors Tom Verhelst
AbstractAuthor's information

    Should we consider local authorities and their associations as a formal government layer when they interact with the European institutions in order to influence EU legislation, or should this be classified as informal territorial interest group behaviour? This paper discusses the role and the influence of local authorities in the European decision-making process. Based on a literature review, the paper contrasts both positions in terms of theoretical underpinning, practical implementation and academic state of affairs. The paper demonstrates that whilst the formal perspective has gained more leeway in the official European policy discourse and subsequent institutionalisation in recent decades, it is often insufficient to guarantee the effective inclusion of local authorities in EU policy-making. Interest group action, i.e. lobbying, might therefore still be a more practical and powerful way of promoting local political interests in the European policy arena.


Tom Verhelst
Tom Verhelst is als postdoctoraal onderzoeker verbonden aan het Centrum voor Lokale Politiek van de Universiteit Gent. Hij schreef een proefschrift over de rol en positie van de gemeenteraad en de gemeenteraadsleden in België. Zijn huidig onderzoek heeft hoofdzakelijk betrekking op de Europeanisering van lokale besturen en de functie van lokale besturen in het Europese multilevel governance systeem. In het bijzonder buigt hij zich over de vraag hoe lokale besturen invloed kunnen uitoefenen op Europese besluitvorming.
Article

The Sovereign Strikes Back

A Judicial Perspective on Multi-Layered Constitutionalism in Europe

Journal European Journal of Law Reform, Issue 2-3 2018
Keywords Constitutional identity, constitutionalism, fragmentation, globalization, multilayered constitution, sovereignty, trust
Authors Renáta Uitz and András Sajó
AbstractAuthor's information

    The supranational web of public law is often described as a new constitutionalism. It emerged in a globalized world together with global markets. In the course of the multilayered constitutional experiment, the old, national constitutional framework had lost its ability to deliver on the key features associated with constitutionalism: limiting the exercise of political powers and preventing the arbitrary exercise thereof. In the multilayered era it has become difficult to pinpoint the centre of authority. Ultimately, someone needs to govern, if not for other reasons, at least to avoid chaos. Is it possible to have the guarantees of freedom, rule of law and efficiency that a constitutional democracy seems to provide in a system where there is no sovereign with authority?


Renáta Uitz
Renáta Uitz is Professor, Chair of the Comparative Constitutional Law Program, Department of Legal Studies, Central European University, Budapest.

András Sajó
András Sajo is University Professor, Central European University, Budapest. This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.
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