Is the European Convention Going to Be 'Supreme'? A Comparative-Constitutional Overview of ECHR and EU Law before National Courts

Martinico, Giuseppe

doi:10.1093/ejil/chs027

Cited by 24 publications

(6 citation statements)

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“…This approach is highly problematic because it is in 69 72 International obligations continue to exist even if the national law says otherwise and the State in question is responsible for their violations. 73 In the past if such conflicts arose the apex courts tried to solve them through the means of interpretation. 74 More recent activities in this area are, however, the distorted mirror image of the previous alignment: States are using the legal basis of a constitutional system in order to elide the political lack of will to comply with ECtHR judgments with which the State disagrees.…”

Section: Creating Domestic Legal Obstacles For Execution Of Judgmementioning

confidence: 99%

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Dzehtsiarou¹,

Coffey²

2019

ICLQ

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The effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

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Section: Creating Domestic Legal Obstacles For Execution Of Judgmementioning

confidence: 99%

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Dzehtsiarou¹,

Coffey²

2019

ICLQ

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“…Furthermore, the duty for national judges not to apply national legislation that violates EU law might also be extended to national rules violating ECHR provisions, which, after the accession of the EU to the ECHR, should be considered part of the European law. At present, however, such a perspective is not followed by the Court of Justice (Case 571/10, Kamberaj [2012]; Martinico, 2012). Finally, it also should be stressed that the EU Charter might be used as a parameter for the constitutionality of national laws (Austrian Constitutional Court U 466/11-18, U 1836/11.13, 14 March 2012.…”

Section: The Protection Of Fundamental Rights In the Eu: The Role Of mentioning

confidence: 99%

Robotic Technologies and Fundamental Rights

Koops

Carlo

Nocco

et al. 2013

International Journal of Technoethics

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Robotic technologies?constructed systems that interact with their environment in a way that displays some level of agency?are increasingly intertwined with human life and human bodies. This raises many regulatory questions, since current legal frameworks have few robotics-specific provisions and robotics pose new challenges to legal notions and underlying assumptions. To help guide the regulation of robotics, fundamental rights should provide a basic touchstone. However, the constitutional framework of fundamental rights is itself not immune to being influenced by robotics. This paper discusses how the protection of fundamental rights is affected by robotics technologies, taking into account the mutual-shaping process of fundamental rights, regulation, and technology. After a general overview of how fundamental rights are challenged by robotics technologies, we zoom in on three specific application domains: industrial robotics and the issue of workers’ rights and liability, assistive technology with a focus on autonomy and privacy of elderly and disabled people, and biomedical robotics (including brain-machine interfaces) in relation to informed consent and self-determination. The analysis highlights diverse implications of robotics in light of fundamental rights and values, suggesting that regulators will have to deal with rights and value conflicts arising from robotics developments. To help address these conflicts, a set of shared norms, standards and guidelines could be developed that may, in the form of soft-law, serve as a bridge between abstract fundamental rights and concrete robotics practice.

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“…109 It is thus incumbent on municipal courts to align their case law with the jurisprudence of the African Court on articles of the African Charter with a view to a broad and consistent application of the Charter across national boundaries. 110 113 which are protected by both the Ghanaian Constitution of 1992 and the African Charter, is a direct pointer to the prevalence of national variations were national courts and constitutions to be the controlling factors. 114 Having agreed to the African Charter, irrespective of the fact that it exemplifies 'a case where regional standards have been set above existing individual domestic standards', 115 it is unacceptable for the parties to seek to narrow its application to them by constitutionally excluding the enforceability of Charter rights.…”

mentioning

confidence: 99%

Incompatibility of national law with the African Charter on Human and Peoples' Rights: Does the African Court on Human and Peoples' Rights have the final say?

Enabulele¹

2016

Afr. hum. rights law j.

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Is the European Convention Going to Be 'Supreme'? A Comparative-Constitutional Overview of ECHR and EU Law before National Courts

Cited by 24 publications

References 1 publication

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Robotic Technologies and Fundamental Rights

Incompatibility of national law with the African Charter on Human and Peoples' Rights: Does the African Court on Human and Peoples' Rights have the final say?

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