Subsidiarity, margin of appreciation and international adjudication within a cooperative conception of human rights

Vila, Marisa Iglesias

doi:10.1093/icon/mox035

Cited by 10 publications

(5 citation statements)

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“…We recall the case of United Kingdom which maintained a rigorous position regarding the non-acceptance of execution of decisions relating to prisoners voting (Bates, 2014;Bates, 2015;Cliquennois & De Suremain, 2017;Iglesias Vila, 2017;Bindman Qc, 2019). The ECtHR has followed a certain route of sanctions which is incompatible with the general disenfranchisement of prisoners and independently of the existing UK system and Article 3 of the relevant protocol 1 of the ECHR (Villiger, 2023).…”

Section: How Have States Reacted To the Activism Of The Ecthr?mentioning

confidence: 99%

Principled resistance and future of the ECtHR

Liakopoulos

2024

REJ

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The present paper tries to focus and analyze a particular type of withdrawal of State members of the European Convention of Human Rights (ECHR) from it due to non-execution of judgments of the European Court of Human Rights (ECtHR). What is the legal circle of this type of withdrawal? What is the role of the ECtHR? Are there any examples of active disobedience from any State members of the European Convention of Human Rights (ECHR) from it due to non-execution of judgments of the European Court of Human Rights (ECtHR). What is the legal circle of this type of withdrawal? What is the role of the ECtHR? Are there any examples of active disobedience from any

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Section: How Have States Reacted To the Activism Of The Ecthr?mentioning

confidence: 99%

Principled resistance and future of the ECtHR

Liakopoulos

2024

REJ

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“…Prominent examples falling under this category are the principle of subsidiarity and the margin of appreciation doctrine -both require the Court to act deferent to domestic authorities and to their authority to guarantee rights protection at the national level. 26 The existence and use of such principles do not mean that the Court's zone of discretion is effectively contracted. Instead, they signal that the Court does not have the sole intention to use its authority to the maximum.…”

Section: The Core Component: Discretionary Spacementioning

confidence: 99%

The Conditions for Audacity

2023

Between Forbearance and Audacity

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11 Complete independence from member states is not entirely possible. This is because international courts and tribunals have a subordinate nature since they derive their authority from a constitutive treaty signed and enforced by states or because their judges are elected or appointed by states. However, courts, as in the case of the European Court, may be able to carve out a space of autonomy for themselves over time. See John Merrills, "International Adjudication and Autonomy," in International Organizations and the Idea of Autonomy: Institutional Independence in the International Legal Order (New York: Routledge, 2011). 12 Authority exists in different forms, and it may have different marks; for more information, see Fuad Zarbiyev, "Saying Credibly What the Law Is: On Marks of Authority in International Law,"

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“…77 Katselli Proukaki argues that the ECtHR was influenced by political realism and that the latter should not have accepted the IPC as an effective remedy because the IPC is a product of an illegal situation whose function is to legitimise the status quo. 78 However, the ECtHR, which is governed as per the principle subsidiarity, 79 asserted the importance of local remedies in previous cases on the Cyprus issue, such as Cyprus v. Turkey.…”

Section: 'The Institution Of Vakf and The Principles And Laws Of And ...mentioning

confidence: 99%

Dispute over the Fenced Varosha in the light of International Law, United Nations Security Council Resolutions and Judgments of European Court of Human Rights

Karaoğlu¹

2022

ppil

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The issue of property in Cyprus, which has been the subject of protracted discussions and negotiations from the Cyprus Peace Operation in 1974 up until now, has taken on a new dimension since the government of the Turkish Republic of Northern Cyprus (TRNC) declared that the fenced area of Varosha would be re-opened to settlement. Re-opening the fenced area of Varosha to settlement would rekindle some international law debates as has been observed in the other regions of the island of Cyprus. In this regard, the objective status and erga omnes character of the Founding Treaties inclusive to the Treaty of Establishment and Treaty of Guarantee debates on the legitimacy of intervention on the island and the conformity of this intervention with international law, Resolutions of the United Nations Security Council (UNSC), and the Judgments of the European Court of Human Rights (ECtHR) on the property rights of Greek Cypriots will pave the way for new discussions on the future of Fenced Varosha. What is more, the critical claim by the Administration of Foundations in Cyprus (EVKAF), with respect to the whole area of the fenced area Varosha belonging to the Foundation Land, will lead the debate on the fenced area of Varosha in gaining another dimension. This study will first discuss, from an international law perspective, the debates on the intervention in TRNC covering the fenced area of Varosha, then the status of Varosha in the UNSC Resolutions, and finally the issues of the ownership of property and foundation land in Varosha in the light of Judgments of the ECtHR.

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Subsidiarity, margin of appreciation and international adjudication within a cooperative conception of human rights

Cited by 10 publications

References 0 publications

Principled resistance and future of the ECtHR

Principled resistance and future of the ECtHR

The Conditions for Audacity

Dispute over the Fenced Varosha in the light of International Law, United Nations Security Council Resolutions and Judgments of European Court of Human Rights

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