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In 2004, as a response to widespread structural or endemic human
rights violations, the European Court began to issue pilot
judgments, the aim of which was not only to exert further pressure
on national authorities to tackle systemic problems, but also to
stop the European Court itself from being inundated with the same
types of cases. Fashioned out of its own case law, and underpinned
by the principle of subsidiarity, the Court has broken new ground
with its pilot judgment procedure, both in terms of its diagnosis
of the causes of systemic human rights violations and the extent to
which it is prepared to direct States to legislate, or take other
steps, to resolve them. This study - supported by the Leverhulme
Trust - analyzes the principal characteristics of the pilot
judgment procedure and its application in key cases. With case
studies on Poland, Slovenia, and Italy, a particular focus of the
work is the adequacy of the response of national authorities to
pilot judgments. The book draws conclusions about the effectiveness
of the procedure as a means of tackling systemic violations and
makes recommendations for its further development.
This book, available for the first time in paperback, looks at the
liberalisation process in Central and Eastern Europe (CEE) during
the period 1987-89, focusing on Gorbachev's initiative to encourage
perestroika in all the fraternal regimes of CEE outside the Soviet
Union. Archival materials, interviews and textual analysis identify
a joint initiative among these fraternal communist parties to
perpetuate the one-party system. For this purpose, fraternal
parties were expected to follow the example of the CPSU in
convening the national party conference, an all-party meeting on a
similar scale to the five-yearly congress, and yet mysteriously,
one which was barely described in the Party Statutes and rarely
convoked. Gorbachev made use of CEE dependence on the Soviet Union
for energy supplies to ensure that at least some fraternal parties
followed his line. This book will be of interest to those studying
the transition process in CEE, democratisation, comparative
politics more generally and students of research methods. -- .
From the perspective of a number of different social science
disciplines, this book explores the ways in which the election of
politicians can be made more fair and credible by adopting a human
rights approach to elections. It discusses existing international
standards for the conduct of elections and presents case studies
relating to jurisdictions within Europe, especially those emerging
from conflict or from an authoritarian past, which demonstrate how
problems occur and can be addressed. Significant advances have been
achieved through the Council of Europe's soft and hard law
frameworks but the book demonstrates that much more needs to be
done to ensure that these and other standards are fully adhered to
and developed. This collection offers a fresh examination of
electoral rights and practices - and their impact on the quality of
democracy - by superimposing a human rights perspective on existing
election theories derived from the literatures of law, political
science and international relations. This text will be of key
interest to scholars, students and practitioners of electoral
democracy and human rights, as well as those working in the areas
of comparative politics and European politics.
From the perspective of a number of different social science
disciplines, this book explores the ways in which the election of
politicians can be made more fair and credible by adopting a human
rights approach to elections. It discusses existing international
standards for the conduct of elections and presents case studies
relating to jurisdictions within Europe, especially those emerging
from conflict or from an authoritarian past, which demonstrate how
problems occur and can be addressed. Significant advances have been
achieved through the Council of Europe's soft and hard law
frameworks but the book demonstrates that much more needs to be
done to ensure that these and other standards are fully adhered to
and developed. This collection offers a fresh examination of
electoral rights and practices - and their impact on the quality of
democracy - by superimposing a human rights perspective on existing
election theories derived from the literatures of law, political
science and international relations. This text will be of key
interest to scholars, students and practitioners of electoral
democracy and human rights, as well as those working in the areas
of comparative politics and European politics.
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