The UN Convention on the Rights of Persons with Disabilities (CRPD) is a novel and ambitious human rights treaty which entered into force in 2008. This article focuses on two features of particular relevance to the European Union. The first is its strikingly … [Read more...]
Could – and should – English win the “language war” in regional integration? NAFTA and EU experience
Whereas the linguistic governance of the European Union and its institutions is the object of a heated political debate, there is no such problem yet in North America. This disregard for a “linguistic balance of power” is likely to be temporary. In the case of a … [Read more...]
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The Transformation of International Law
Although this paper is entitled “The Transformation of International Law”, it does not put forward any general thesis about the great changes that have occurred in recent years in this discipline. It seeks to make a critical reflection on the current … [Read more...]
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Horizontal effect of fundamental rights and freedoms – much ado about nothing? German, Polish and EU theories compared after Viking Line
The paper examines the theory of horizontal effect of fundamental rights and freedoms, known also as Drittwirkung. It introduces relevant doctrines in Germany and Poland in order to then focus on the EU theory shaped in the case law of the European Court of Justice, most notably … [Read more...]
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The Law of Holocaust Denial in Europe: Towards a (qualified) EU-wide Criminal Prohibition
A majority of EU countries have long considered that the right to freedom of expression precludes the criminalization of Holocaust denial per se. The full implementation of the 2008 EU Framework Decision on combating certain forms and expressions of racism and xenophobia by means … [Read more...]
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