The cohabitation of dynamics of progress in our society with a growing multiculturalism enhances conflicts of interests that question freedom of expression. Whereas States succeeded in consecrating a high protection of free speech pursuant to harmonised International and European … [Read more...]
Human Rights Law and the Challenges of Explicit Judicial Dialogue
The rise of multiple legal systems in the same jurisdictional space has prompted a lively discourse on constitutional pluralism in recent decades. Although this debate was instigated as a result of the relationship between the European Court of Justice (ECJ) and Member State … [Read more...]
Tracking the Origins and Testing the Fairness of the Instruments of Fairness: Amici Curiae in International Litigation
The widespread possibility to submit amicus curiae briefs in international courts and tribunals is a recent phenomenon. The first purpose of this paper is to verify the alleged Roman origins of amicus curiae, and to trace the emergence of its use in international law. The second … [Read more...]
Rethinking Europe’s “Rule of Law” and Enlargement Agenda: The Fundamental Dilemma
This paper sets out a strategy calling for a radical overhaul of the manner in which both the EU and aspiring member states define and implement what the Copenhagen criteria refer to as the “Rule of Law” in pursuit of the elusive goal of sustainability. While pointing … [Read more...]
The External Effects of National ECHR Judgments
In their jurisprudence on the rights flowing from the European Convention on Human Rights (ECHR), national courts in Europe define their relationship with the Convention system and its authoritative arbiter, the European Court of Human Rights at Strasbourg. This is, however, more … [Read more...]
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