Dissertations / Theses on the topic 'Human smuggling – European Union countries'
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Etienne, Anne. "Towards European Integration: Do the European Union and Its Members Abide by the Same Principles?" Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4617/.
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In the last few decades the European Union (EU) and its members have emphasized the importance of human rights and the need to improve human rights conditions in Third World countries. In this research project, I attempted to find out whether the European Union and its members practice what they preach by giving precedence to countries that respect human rights through their Official Development Assistance (ODA) program. Furthermore, I tried to analyze whether European integration occurs at the foreign policy level through aid allocation. Based on the literatures on political conditionality and on the relationship between human rights and foreign aid allocation, I expected that all EU members promote principles of good governance by rewarding countries that protect the human rights of their citizens. I conducted a cross-sectional time-series selection model over all recipients of ODA for each of the twelve members for which I have data, the European Commission, and the aggregate EU disbursements from 1979 to 1998.
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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
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Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Rijken, Conny. "Trafficking in persons : prosecution from a European perspective /." The Hague : T.M.C. Asser Press, 2003. http://www.loc.gov/catdir/toc/cam051/2004436856.html.
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Wiessala, Eugen Georg. "The politics of re-orientation and responsibility : European Union foreign policy and human rights promotion in Asian countries." Thesis, University of Central Lancashire, 2005. http://clok.uclan.ac.uk/22530/.
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This study focuses on the protection and promotion of human rights in the context of the external relations of the European Union (EU). It sets out to examine, in particular, the position of human rights within the framework of EU foreign policy. While questions of human rights sparked a wide-ranging academic debate and resulted in enhanced levels of public scrutiny over the last decade, the research presented in this dissertation attempts to fill a significant gap in scholarly attention. It does so by offering a critique of the theoretical approaches towards, and the practical manifestations of human rights promotion initiatives in the context of EU policy interaction with countries in Asia. Evidence from previous work, included as part of this dissertation, suggests that the incremental growth of human rights competencies and agendas within the EU's legal and political systems was reflected in a number of areas of concrete EU external activity, such as the Common Foreign and Security Policy (CFSP), Development Policy, relations with the African, Caribbean and Pacific (ACP) group of countries and the EU's New Asia Strategy. This dissertation attempts to demonstrate how, in the context of a Constructivist perspective within International Relations Theory in general, and EU-Asia relations in particular, the EU can be conceptualised as a value-guided, 'ethical' polity, grounded in a constitutional framework of Treaties. As a result of this, the Union introdued a more pronounced human rights dimension to its dialogue with Asia. The evidence indicates that, in respect of its Asian partners, the EU implemented human rights strategies in a number or formats and with varying degrees of success. The study scrutinises, in particular, the Commission's 'strategy papers' on Asia and the Asia-Europe Meetings (ASEM). In addition to findings analysed in previous work, this study demonstrates that the resulting debates about 'rights' and 'values' can be related to wider discourses derived from normative theory and surrounding issues of culture and identity. In the Asia-EU dialogue, arguments over human rights contain the potential to be both an enabling dynamic for, and an inhibiting agent of, a more intensive EU-Asia political and cultural dialogue. The study places a particular emphasis on EU human rights promotion policies towards the People's Republic of China, the Republic of Indonesia and Burma (The Union of Myanmar). It identifies and appraises three distinct EU policy approaches ranging from incentives based and coordinated measures to a more coercive and punitive diplomatic arsenal.
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GATTO, Alexandra. "The responsibility of multinational enterprises for human rights violations in European Union law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7018.
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Defence date: 18 June 2007Examining Board: Prof. Francesco Francioni, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Enzo Cannizzaro, (University of Macerata) ; Prof. Olivier De Schutter, (Catholic University of Louvain)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis addresses the question as to how the European Union can ensure that EU based MNEs respect human rights when operating in third countries. Firstly, it identifies primary obligations on MNEs as developed by international law in order to tackle the above question. Secondly, on the basis of this theoretical framework it investigates how the European Union has acted to promote respect of human rights obligations by MNEs which are based on the territory of one of its Member States. Thirdly, the gap between the EU’s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs and the EU’s reluctance to impose human rights obligations on MNEs is explored. It is suggested that current human rights law should develop in the sense of considering companies as duty holders, together with States and other non-state actors, for the realisation of human rights. Moreover, a principle of graduation of responsibility is applied to MNEs, according to the specific human right involved, the proximity to the victim and the element of State authority exercised by the company in a particular situation. The above depicted graduation of responsibility (from the obligation to respect, to the obligation to promote human rights) should be matched by a graduation of corresponding implementing mechanisms. Applying this theoretical framework to the EU, three main recommendations have been formulated. Firstly, the EU should more firmly link the promotion of MNEs’ human rights obligations to international human rights law and support the constitution of an international law framework within the UN. Secondly, the EU should promote MNEs’ human rights obligations within the limits of its competence, both at the international and at an external level. It has been argued that a proactive attitude in this respect would not require the acquisition of new powers, but simply the recognition of a functional competence on the basis of Article 6 TEU in taking positive (and not merely negative) steps for the promotion of human rights in the areas of its competence occurring in international law and the international framework for MNEs’ responsibility. Finally, the EU should not abandon the option of exploring non-binding and incentive measures, both at the international and external levels, to be encouraged as a viable complement to binding measures.
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Szewczyk, Bart Michael Julius. "European citizenship and national democracy : sources of EU legitimacy in the common interest and in service of human dignity." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610301.
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Bribosia, Emmanuelle. "La protection des droits fondamentaux dans l'ordre juridique communautaire: le poids respectif des logiques fonctionnelle et autonome dans le cadre normatif et jurisprudentiel." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211769.
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Cardoso, Catarina. "The role of human capital in the Iberian countries' growth and convergence." Thesis, Loughborough University, 2011. https://dspace.lboro.ac.uk/2134/8523.
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This thesis examines the role of human capital in the growth and convergence of the Iberian countries. Using a newly computed series for human capital at the NUTS III level for the Portuguese regions, the comparison between Portugal and Spain suggests a positive role for human capital proxied by the average years of schooling in both Iberian countries regional growth, which supports the hypothesis that higher levels of education improved the regions‟ ability to adopt new technology; although the levels of education indicate that secondary schooling is important for technology adoption in Portugal, but not in Spain, and its effect is higher than that of tertiary education. Using Exploratory Spatial Data Analysis (ESDA), two convergence clubs are identified within the Iberia Peninsula (Core and Periphery), but convergence occurs mainly in the Periphery group and education plays a positive and significant role only in the Core club.
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COURELL, Ann Marie. "The friendly settlement procedure under the European convention on human rights." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7026.
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Defence date: 30 March 2007Examining Board: Prof. Philip Alston (European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Olivier de Schutter (University of Louvain) ; Prof. Kevin Boyle (University of Essex Colchester)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Lampe, Kirsten. "Human rights in the context of EU foreign policy and enlargement /." Baden-Baden : Nomos Verl.-Ges, 2007. http://www.loc.gov/catdir/toc/fy0711/2007297476.html.
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Mainwaring, Cetta. "Centring on the margins : migration control in Malta, Cyprus and the European Union." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:4666c423-23eb-4ef6-99dc-f85f8c3f391a.
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Why does the European Union focus on controlling irregular immigration at the external border? The emphasis presents a paradox as most irregular migrants in the EU arrive through legal channels and subsequently overstay or violate the conditions of their visa. In order to explore this paradox, the thesis examines two case studies, Malta and Cyprus. As small island states on the Union’s southern periphery, the two are ostensibly unable to resist the transfer of migration controls and asylum responsibility to the EU’s external borders. Yet, employing nonmaterial power, namely by highlighting the perceived migration pressures they are under, the two states have successfully attracted significant financial and practical support from other member states. In doing so, they have influenced policymaking within EU migration governance, but have ultimately reinforced the emphasis on controlling irregular immigration at the external border by portraying the phenomenon as a crisis. This thesis not only sheds light on the interaction between the EU and the two states under investigation, but combines three levels of analysis – the regional, national, and local. The crisis narrative detrimentally affects the migrant and refugee populations as it encourages the adoption of restrictive and deterrent measures rather than ensuring access to rights and long-term integration. Nevertheless, this population is not without agency. It is their individual decisions to move across national borders without state authorisation that in the aggregate both compels states into dialogue about the issue and provides the basis for the dynamic between the EU and these two member states.
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Jovanović, Marija. "Human trafficking, human rights and the right to be free from slavery, servitude and forced labour." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.
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The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
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Albuquerque, Joao Manuel Nunes Lemos de. "A convencao Europeia dos direitos do homem como fonte de direito comunitario : excurso sobre a jurisprudencia do Tribunal de Justica das Comunidades Europeias." Thesis, University of Macau, 2000. http://umaclib3.umac.mo/record=b1637067.
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Fahlbusch, Markus. "European integration in the field of human rights protection: the interaction on the basis of different constitutional cultures." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209162.
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The present thesis suggests that judicial interaction can benefit constructive solutions of concrete human rights problems as a specific way of integrating European human rights protection. This affirmation is substantiated by case studies examining the interaction of the European Court of Human Rights with the UK House of Lords and Supreme Court on the one hand and with the German Federal Constitutional Court on the other. Yet, the manner in which the courts proceed in their interaction, notably in view of their potentially conflictual stances, can deflect from the concentration on constructively solving the substantive human rights problem with which the courts are confronted. Accordingly, the courts might be inclined to preserve the status quo of their initial positions and to resort to a mere compromise between the different interests involved.This thesis identifies two major factors in the courts’ reasoning that inhibit the fruitful discussion of the substantive human rights questions brought up by the cases: the reference to “culture” and the focus on their institutional relationship with the balancing of possibly conflicting interests. By way of analysing practical cases against a legal- and political-theoretical backdrop, this work develops how these two factors contribute to the obstruction of a constructive interaction between the courts and to the shielding of controversial views from being discussed and challenged. In response, also by reference to the concrete practice of the courts, this thesis puts forward an approach to the interaction which avoids this inhibiting effect and therefore allows for a comprehensive, deep and critical discussion on how to solve the specific human rights problems raised by the cases./La présente thèse soutient que l’interaction judiciaire peut bénéficier à des solutions constructives des problèmes concrets de droits de l’homme comme une forme spécifique d’intégration de la protection européenne des droits de l’homme. Cette affirmation est corroborée par des études de cas qui examinent l’interaction de la Cour européenne des droits de l’homme avec la House of Lords et la Cour suprême du Royaume-Uni d’un côté et avec la Cour constitutionnelle fédérale de l’Allemagne de l’autre. Pourtant, la manière dont les cours procèdent dans leur interaction, notamment au vu de leurs points de vue potentiellement conflictuels, peut détourner l’attention de la solution constructive des problèmes substantiels des droits de l’homme auxquels les cours font face. En conséquence, il se peut que les cours soient susceptibles de préserver le statu quo de leurs positions initiales et d’avoir recours à un simple compromis entre les différents intérêts en cause.
Cette thèse identifie deux facteurs majeurs dans le raisonnement des cours qui entravent la discussion fructueuse des questions substantielles soulevées par les cas :la référence à la « culture » et la concentration sur leur relation institutionnelle avec le balancement des intérêts possiblement conflictuels. Au moyen de l’analyse des cas pratiques sur le fond de la théorie juridique et politique, ce travail fait ressortir comment ces deux facteurs contribuent à l’obstruction d’une interaction constructive entre les cours et à la protection des opinions controversées contre leur discussion et défi. En réponse, également en se fondant sur la pratique concrète des cours, cette thèse avance une approche quant à l’interaction qui évite cet effet inhibant et, par conséquent, permet une discussion complète, profonde et critique de comment résoudre les problèmes spécifiques de droits de l’homme posés par les cas.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Harris, Linda H. "On Human Migration and the Moral Obligations of Business." UNF Digital Commons, 2008. http://digitalcommons.unf.edu/etd/296.
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This work addresses to what extent businesses in the United States and the European Union have a moral obligation to participate in social integration processes in areas where they operate with the use of migrant laborers. It begins with the presupposition that a common framework as to what constitutes ethical behavior in business is needed and beneficial. It argues that the very industry that creates a need for migrant labor ought to also be involved in merging this labor successfully into the existing community and specifies that a discourse on business ethics and migration is gravely needed. This must be one that considers how businesses can become more engaged in resolving the social issues that arise both for the migrants and for the local community in which the businesses operate. The purpose would be to fill a social and humanitarian need that government alone cannot. More importantly, it will be to exercise beneficence and display responsible and sincere corporate citizenship. It is claimed that businesses that fail to encourage and participate in integration processes display a moral flaw. Cosmopolitan business ethics are proposed as a way to look at ethical business conduct and it is claimed that businesses that act as cosmopolitan citizens are morally praiseworthy.
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Cebulak, Pola. "Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209172.
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Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international law, the veil for the politicization of the Court is provided by the pluralist architecture of global law. The heterarchical structure of relations among legal orders in the international arena activates the CJEU as an actor of global governance. Simultaneously, it results in the Court adopting a rather internal and defensive approach, undermining legal security.Judicial activism of the CJEU finds its particular expressions in the case-law concerning public international law. The pro-integrationist tendency of the CJEU often raised in the literature concerning the Court’s role in the process of EU integration, translates into a substantial and an institutional dimension of judicial activism. The substantial articulation of judicial activism in the case-law concerning international law is the Court’s emphasis on the autonomy of the EU legal order. This internal perspective is adopted not only for virtuous reasons, but also in defense of definitely not universal European interests. The institutional dimension refers to the Court’s position within the EU structure of governance. The case-law concerning international law is marked by a close alignment with the European Commission and the integration of the EU goals in external relations. Moreover, the pluralist veil can cover the extent to which the Court’s decisions concerning international law are influenced by considerations completely internal to the EU.
In my analysis I proceed in three steps that are reflected in three chapters of the thesis. There is no clear and prevalent definition of judicial activism, but instead rather multiple possibilities of approaching the concept. While the general intend of the research project is to critically reflect on the concept of judicial activism of the highest courts within a legal order, the particular focus will be on the CJEU dealing with international law. I proceed in three steps. First, I assess different understandings of the role of the judge and the concept of judicial activism in legal literature in view of ascertaining the relevance of the debate and distilling some general components of a possible definition. Secondly, I identify the factors particular for the position of the CJEU within the EU legal order and with regard to international law. The particular characteristics of the CJEU result in a limited applicability of the general definitions of judicial activism. Finally, I analyze the case-law in view of identifying examples as well as counter-examples of the particular symptoms/attributes. Because judicial activism broadens the scope of the factors guiding judicial decision-making, it enables us to better understand the contingencies in the Court´s jurisprudence.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Juma, Nyabinda Richard. "An Inquiry into the Compatibility of the Demo-Conditionality with State Sovereignty in International law : With Special Focus on The European Union and the African, the Caribbean and the Pacific Countries Relations." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-136109.
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This study examines the issue of compatibility of demo-conditionality with state sovereignty in international law. From a practical perspective, it examines the state of the science with respect to the enforcement of demo-conditionality, in the context of the unique relationship between the European Union and the African, Caribbean and Pacific countries. The practicality of any argument declaring certain norms to be compatible with state sovereignty rests on an assumption that it is possible to distinguish which norms are compatible from those which are not. The validity of such an assumption depends on whether a universal workable test with which to draw this distinction, and its accompanying requirements, has been or can be developed. Therefore, the starting point of this study is to investigate whether such a universal test exists, and if so, what its requirements are. The author reaches a legally appropriate conclusion as to which norms are compatible with the principle of state sovereignty and which not in the international legal system. Thereafter, an investigation is undertaken with regard to the legal premises invoked to justify the compatibility of the demo-conditionality with state sovereignty. To this end, two levels of analysis (also referred to here as two paths) are followed. The first level of investigation concerns the proposition for demo-conditionality’s being premised upon adherence to new treaty obligations governing the parties’ observance of democratic norms. In this context, the examination focuses on Article 25 of the International Covenant on Civil and Political Rights, 1966 as the relevant provision. Other single-issue human rights instruments are also examined to establish whether they compliment Article 25. The second level of investigation explores the possibility for demo-conditionality's compatibility being premised upon obligations of State parties, which arise from the various development co-operation instruments adopted over the years. Here, emphasis is placed upon the question of whether or not these instruments advocate the inclusion of demo-conditionality in development co-operation between donors and recipients of aid. This study ultimately reaches a legally appropriate conclusion, at both levels of analysis, concerning demo-conditionality's compatibility with the principle of state sovereignty. At this juncture, a recommendation is made as to which of the two paths is the legally safer one for the pursuit of the demo-conditionality in development co-operation. On the question of what constitutes a more successful international approach to the establishment of democratic governments in the South, this study has undertaken a comparative analysis, making suggestions with respect to two models: the "Enforcement Model", based upon coercive enforcement measures, and the "Managerial Model", based upon an approach of co-operative dialogue. Finally, the study examines the state of the science with respect to enforcement of demo-conditionality, with a focus on the special relationships between the European Union and the African, Caribbean and Pacific countries. This is designed to provide a degree of insight into the practical aspects associated with the enforcement of demo-conditionality.
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Haydar, Samer. "Le partenariat Euromed : contribution à l'étude du soft-power de l'Union Européenne." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0433/document.
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Cette thèse étudie la contribution assez complexe du partenariat euro-méditerranéen au soft powerde l’UE. Nous avons procédé à l’examen de l’articulation entre les objectifs, les instruments, lesprogrammes, les accords et l’efficacité de l’action de l’Euromed. Il ne s’agit pas d’évaluer lepartenariat en tant que tel mais plutôt son utilisation par l’Union européenne comme instrument desoft power pour instaurer une démocratie libérale dans les pays sud-méditerranéens. Les quatreaspects fondamentaux de la démocratie libérale ont été donc examinés. Dans le domaineéconomique, il y eu des améliorations économiques dans les pays sud-méditerranéens del’Euromed, surtout par la mise en oeuvre de réformes économiques et institutionnelles, mais la zonede libre-échange prévue pour 2010 n’a pas été établie. L’intégration régionale et internationale, deces pays partenaires a connu des avancées qui demeurent encore modestes. La promotion de labonne gouvernance occupe une place centrale au sein des objectifs politiques du Partenariat.Ciblant principalement le renforcement des capacités des institutions et l’indépendance du systèmejudiciaire, les efforts menés dans le cadre de l’Euromed ont apporté une amélioration globale, maisinsuffisante, de la bonne gouvernance dans les pays sud-méditerranéens. Les actions menées dansle cadre du partenariat sur le terrain des droits de l’Homme ont mis surtout l’accent sur les questionsde sécurité, de la lutte antiterroriste et du contrôle des migrations, tandis que les questions relativesaux droits de l’Homme et à la démocratisation étaient plus ou moins passées sous silence. Mêmel’action civile est insuffisamment renforcéeThis thesis studies the rather complex contribution of the Euro-Mediterraneanpartnership to the EU’s soft power. We have examined the link between the objectives,instruments, programs, agreements and effectiveness of the euro-Mediterraneanpartnership’s action. It is not a matter of evaluating the partnership as such but rather itsuse by the European Union as a soft power instrument to establish liberal democracy inthe South Mediterranean countries. The four fundamental aspects of liberal democracywere therefore examined. In the economic field, there have been economicimprovements in the southern Mediterranean countries, mainly through theimplementation of economic and institutional reforms, but the free trade areaanticipated for 2010 was not established. The regional and international integration ofthese partner countries has made some progress that remains however modest. Thepromotion of good governance is central to the political objectives of the Partnership.Focusing mainly on institutional capacity building and the independence of the judicialsystem, Euromed efforts have brought about a global but insufficient improvement ingood governance in the southern Mediterranean countries. Actions in the framework ofthe Human Rights Partnership have focused on security issues, counter-terrorism andmigration control, while human rights issues and democratization were more or lessignored. Even civil action is not sufficiently strengthened
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Dusepulchre, Gaëlle. "Politique européenne de coopération au développement et relations extérieures: des droits de l'homme à la bonne gouvernance, impact de l'interdépendance du droit et du politique sur le choix des instruments de régulation." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210587.
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L'étude a porté sur deux outils élaborés par l’Union européenne à l'appui de ses politiques d'allocation d'aide extérieure au bénéfice principalement d'Etats en développement et participant à sa stratégie de promotion du respect de droits de l’homme dans les Etats tiers. Il s'agit du mécanisme de conditionnalité démocratique d’une part, et de la doctrine fondée sur le concept de gouvernance d’autre part. L'une des principales critiques que la doctrine adresse à l’Union au sujet de sa politique de conditionalité est son incapacité à répondre à l’une des attentes fondamentales qui la sous-tend, à savoir :la naissance d’une politique d’aide extérieure détachée des considérations géopolitiques et visant à protéger et promouvoir efficacement les droits de l’homme. Dans la mesure où la doctrine en attribue en général la responsabilité à l’absence de clarté et de prévisibilité du mécanisme de la conditionnalité démocratique, cette critique eut dû conduire à l’élaboration d’un régime davantage juridicisé. Or, l'émergence de la doctrine fondée sur le concept de gouvernance révèle que l’Union n’a pas opté pour une telle solution. C’est alors que, divisant mon étude en deux parties, la première affectée à l’étude du mécanisme conditionnel et la seconde affectée à l’étude de la doctrine de gouvernance, je me suis interrogée sur les raisons pour lesquelles l’Union avait pu choisir de recourir d’abord à un appel au droit, et ensuite à une repolitisation partielle de son mécanisme. Prenant appui sur une étude des documents officiels des institutions européennes, de la pratique de l'Union et des théories des relations internationales, l'étude tend à révéler les atouts et les limites théoriques de chacune de ces stratégies déstinées à suciter des réformes particulières dans les Etats partenaires de l’Union.Il apparaîtra que l’appel au droit opéré dans le cadre du mécanisme de conditionnalité répondait à des besoins et à une logique spécifiques lors de son institution, mais que la forme juridicisée du mécanisme conditionnel tel qu’institué se heurtait à diverses limites. La doctrine fondée sur le concept de gouvernance, dans le même temps qu’elle acte ces limites et tend à les dépasser, amène à de nouveaux questionnements.The study related to both EU tools, affecting its external aid policies and contributing to its human rights strategy :conditionality and governance. One of the main critic that the doctrine addresses to EU conditionality, is its incapacity to lead to an external aid free of geopolitical considerations and acting to protect and promote effectively the human rights. The doctrine explains this weakness by pointing out the mechanism of conditionality’s lack of clearness and previsibility. Despite this critic is pleading for a more legalized mechanism, the governance strategy reveals that the Union did not choose such a solution.Then, dividing the study into two parts, the first assigned to conditional mechanism and the second assigned to governance, I’m asking the reason why a less legalized mecanism succeeded to conditionality. Based on cooperation agreements, strategic orientations, EU practice and the international relations theories, the study tends to reveal the assets and limits of the two strategies. It appears that the legalization process of conditionality can be explained by specific needs but it encountered various limits. At the same times, while strategy based on Governance adresses some of them, this new tool reveals new questions.
Doctorat en droit
info:eu-repo/semantics/nonPublished
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RUBIO, GRUNDELL Lucrecia. "The dynamics of securitisation and de-securitisation in the European Union's anti-trafficking policies : the case of trafficking in women for sexual exploitation." Doctoral thesis, 2018. http://hdl.handle.net/1814/59797.
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Defence date: 19 November 2018Examining Board: Prof. Rainer Bauböck, European University Institute (Supervisor) Prof. Donatella Della Porta, Scuola Normale Superiore Prof. Emanuela Lombardo, Universidad Complutense de Madrid Prof. Jef Huysmans, Queen Mary, University of London.
The aim of this thesis is to analyse the triangular dynamics of securitisation and desecuritisation underpinning the European Union’s policies against trafficking in women for sexual exploitation. Drawing on two main bodies of literature: critical security studies and feminist insights into prostitution and trafficking, it sheds light on the growing tendency of the European Union to conceptualise and address trafficking in women for sexual exploitation as a security issue, and on the distinct and competing approaches that coexist within feminist struggles against such trend, which largely follow the opposing views that structure feminist debates on prostitution: an abolitionist stance that is articulated predominantly from inside the European Union’s institutions and a sex-work approach that is defended mainly from outside. The fundamental contribution this thesis makes is to show that the European Union’s securitising tendency and the abolitionist ideals defended therein are not antithetical but inextricably linked. By means of a Critical Frame Analysis of the Union’s internal security, gender and sexuality and anti-trafficking policies, I show that the evolution of trafficking in women for sexual exploitation as a security issue within the Union’s Area of Freedom, Security and Justice, and its evolution as a form of violence against women in its gender equality and sexual diversity policies are inextricably linked, and that this link is central to its securitisation. I start from the premise that trafficking in women is securitised by ‘contagion’, that is, by being conceptualised and addressed as an epiphenomenon of organised crime, irregular migration and prostitution. The key mechanism enabling this ‘contagion’ in the European Union is spillover of the internal market into a project of internal security; a spillover that is itself the result of a process of securitisation in which terrorism, organised crime and irregular migration are linked and depicted as threats to the internal security of the Union. The inclusion of human trafficking as a form of organised crime and irregular immigration in such a continuum is, therefore, what allows trafficking in women for sexual exploitation to be securitised as a result.
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PARMAR, Sejal. "Situating the EU human rights system in an international human rights context." Doctoral thesis, 2003. http://hdl.handle.net/1814/4744.
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GOLABEK, Michal. "'Weaving a silver thread' : human rights coherence in EU foreign affairs and counter-terrorism." Doctoral thesis, 2013. http://hdl.handle.net/1814/26445.
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Defence date: 21 January 2013PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Examining Board: Professor Ernst-Ulrich Petersmann, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Alan Rosas, Judge at the Court of Justice of the European Union; Professor Christophe Hillion, University of Leiden and Stockholm University.
Human rights are among the chief values on which the EU is ‘founded’ (Art. 6 TEU) and which it seeks to promote through its external relations (Art. 21 TEU). Coherence with values is a significant rhetorical tool which is used, on the one hand, to justify the development of new policies and instruments, and, on the other hand, to challenge EU actions by civil society, the European Parliament, commentators, but also third countries. This thesis examines whether human rights are indeed a ‘silver thread’ running through everything that EU does as argued by the EU High Representative. To that end, I first analyze why coherence as such, and coherence with values in particular, hold an important place in the EU’s foreign policy integration. As a second step, I discuss the nature of human rights as an international and EU framework for coherent action. I then investigate one particular area of EU external action, namely counter-terrorism policy, with a view to assessing coherence with values in practice, and more specifically to analyzing how successful the EU actually was in integrating human rights in its counter-terrorism instruments such as sanctions, provisions of its international agreements, and external assistance. On this basis, I outline in the third part the legal and policy aspects of human rights coherence, before concluding with the steps which still need to be taken in order to ‘weave a silver thread’ of human rights into EU external policy.
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MARZO, Claire. "La dimension sociale de la citoyenneté européenne." Doctoral thesis, 2009. http://hdl.handle.net/1814/12703.
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Defence date: 25/09/2009Examining board: Bruno De Witte (EUI); Rostane Mehdi (Université Paul Cézanne, Aix-Marseille III); Marie-Ange Moreau (Supervisor, EUI); Pierre Rodière (Université Panthéon-Sorbonne, Paris 1 )
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
La dimension sociale de la citoyenneté européenne correspond à une nouvelle tendance de la Cour de justice des Communautés européennes permettant à des citoyens européens d'obtenir des prestations sociales du simple fait de leur statut. Cette innovation jurisprudentielle interroge à deux niveaux. Dans un premier temps, les transformations de la citoyenneté européenne par l'ajout d'une dimension sociale sont envisagées. Cette incongruité est permise par une nature particulière La multiplicité des droits attachés à la citoyenneté européenne par l'article 17 CE et son rapprochement des droits fondamentaux créent un statut doté d'un ensemble de droits dont le citoyen peut se prévaloir. Cette habilitation a été concrétisée par une mise en oeuvre par le législateur et le juge. Le premier a adjoint à la citoyenneté européenne la liberté de circulation des citoyens de l'article 18 CE. Le second lui a associé la principe de non-discrimination en vertu de la nationalité créant une nouvelle méthode de jugement rattachée à à ces deux principes. Dans un second temps, les développements de la politique sociale européenne par la citoyenneté européenne sont pris en compte. La politique sociale a connu plusieurs renouvellements récemment et la citoyenneté européenne n'y est pas étrangère. Elle a trouvé deux manifestations. La première passe par l'application des arrêts relatifs à la citoyenneté européenne. Il s'agit d'accorder au citoyen européen migrant les mêmes droits que les nationaux des Etats membres. C'est ainsi que les domaines nationaux de l'éducation et la sécurité sociale, principalement, se voient modifiés par une approche toujours plus large de l'égalité communautaire. La seconde passe par l'identification d'une nouvelle citoyenneté sociale, distincte de la citoyenneté européenne. C'est alors surtout l'oeuvre du législateur communautaire. En matière de services économiques d'intérêt général comme en matière d'égalité sur les autres fondements que celui de la nationalité, il a conçu une citoyenneté ouverte à tous et ayant pour objet une meilleure inclusion et une meilleure participation des personnes. Cette nouvelle tendance conduit à repenser la politique sociale et à s'interroger sur l'éventuelle ouverture de la citoyenneté européenne à d'autres que les citoyens européens.
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LAVENEX, Sandra. "The Europeanisation of refugee policies : between human rights and internal security." Doctoral thesis, 1999. http://hdl.handle.net/1814/5314.
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Defence date: 11 October 1999Examining board: Prof. Didier Bigo (IEP, Paris) ; Prof. Klaus Eder (Humboldt University, Berlin - Co-supervisor) ; Prof. Adrienne Héritier (EUI-Florence - Supervisor) ; Prof. Thomas Risse (EUI, Florence)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
From the beginnings of intergovernmental co-operation in the 1980s to the Amsterdam Treaty and the Charter of Fundamental Rights, the developing EU refugee policies have oscillated between the conflicting policy frames of internal security on the one hand and human rights on the other. Taking a multilevel perspective on the process of Europeanisation, this work highlights the entanglement between domestic as In m reforms in Germany and France and European co-operation and investigates the scope for a common refugee policy in the EU. Enlightening and innovative, this much-needed analysis of the Europeanisat ion of asylum policies is essential reading for scholars of European integration. asylum and refugee policy, and all those interested in the prospect of political unification in Europe.
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FIERRO, SEDANO Elena. "The EU's approach to human rights conditionality in practice." Doctoral thesis, 2001. http://hdl.handle.net/1814/4624.
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Defence date: 7 December 2001Examining Board: P. Alston (Supervisor) ; G. De Búrca ; B. De Witte ; A. Rosas
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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BENÖHR, Iris. "Consumer law between market integration and Human Rights protection." Doctoral thesis, 2009. http://hdl.handle.net/1814/13302.
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Defence date: 18 December 2009Examining Board: Professor Christian Joerges, University of Bremen (supervisor), Professor Hans-W. Micklitz, European University Institute, Professor Roland Bieber, University of Lausanne, Professor Stephen Weatherill, University of Oxford
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis examines the relationship between fundamental rights and consumer protection in the European Union. Traditionally, consumer regulation has been applied as a onedimensional tool to achieve economic integration. In 2000, the Charter of Fundamental Rights broadened the scope of consumer law to include a social dimension; however, this initiative remains limited in practice, because of the abstract wording in the Charter, and because of the partly contrasting full-harmonisation strategy of the EU. Moreover, the Charter is not binding and it risks succumbing to traditional market-oriented policy tendencies. This thesis tries to build a bridge between the two approaches to consumer law - the market-oriented approach, and the fundamental-rights based approach. To do so, it suggests a new consumer concept, based upon the capability approach of the economist Amartya Sen. Such an approach enables the consumer to deal with the risks of increasingly integrated and complex markets, by focusing upon basic procedural rights. Three areas of consumer law have been gaining importance in recent times: credit agreements, telecommunications, and collective redress. Cases from these areas are considered here, as they exemplify the inter-action between fundamental rights, and participation in cross-border markets. First, cases in consumer credit illustrate the impact of fundamental rights on the provision of fair contractual conditions, and on access to responsible lending schemes. Second, the new telecommunication proposal highlights the importance of regulatory participation mechanisms for consumers, to ensure access to services of general interests and to ensure data protection in an increasingly privatised environment. Finally, collective redress mechanisms show how procedural innovations can improve judicial participation through the basic right of access to justice. The thesis concludes by proposing a new legal approach for consumer law in the EU, in order reach a compromise between social and economic demands.
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ASKOLA, Heli. "Legal responses to trafficking in women for sexual exploitation in the European Union : towards a comprehensive approach?" Doctoral thesis, 2005. http://hdl.handle.net/1814/4547.
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Defence date: 20 June 2005Examining board: Bruno de Witte, EUI ; Kees Groenendijk, University of Nijmegen ; Thérèse Murphy, University of Nottingham ; Neil Walker, EUI
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions. However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality. Against this background, this dissertation deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States. The thesis will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.
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STEINVORTH, Till. "Fernsehwerbung im Binnenmarkt : das Herkunftslandprinzip in den Grundfreiheiten des EG-Vertrages und in der Fernsehrichtlinie." Doctoral thesis, 2006. http://hdl.handle.net/1814/4796.
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Defence date: 24 April 2006Examining board: Prof. Christian Joerges, EUI, Supervisor ; Prof. Andreas Heinemann, Université de Lausanne ; Dr. Harm Schepel, University of Kent, Canterbury ; Prof. Hans Ulrich, EUI
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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NANNERY, Aoife. "The 'conscience of Europe' in the European sovereign debt crisis : an analysis of the judgments of the European Court of Human Rights and the European Committee of Social Rights on austerity measures." Doctoral thesis, 2015. http://hdl.handle.net/1814/39046.
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Award date: 30 November 2015Supervisor: Professor Claire Kilpatrick, European University Institute
This thesis is an analysis of judgments of the European Court of Human Rights and the European Committee of Social Rights arising from austerity measures in the European sovereign debt crisis. The thesis considers the protection afforded to socio-economic interests under the two systems, and how this protection has been tested by the challenges arising from the economic crisis. The first chapter is an analysis of the social Euro-crisis cases. Brought under Article 1 of Protocol 1 to the ECHR the measures enacted to reduce government spending were an alleged violation of the right to property. Almost all of the social Euro-crisis cases were held to be inadmissible by the Court, which cited the gravity of the economic crisis in the respondent states and the executive’s margin of appreciation in matters of social and economic policy. The second chapter places the social Euro-crisis cases in context temporally and thematically, in considering two previous lines of case law developed by Strasbourg: financial and economic stability, and emergency and exceptional circumstances. The ECtHR decisions focus on the severity of the crisis, determining that the margin of appreciation is broader in such circumstances. The ECtHR section concludes that it does not appear that the European sovereign debt crisis has seen Strasbourg develop any definitive crisis approach to ensure that Convention rights are protected in times of economic instability. The third chapter examines the case law generated by the European Committee of Social Rights during the same period. This section serves to act as a counterpart to the ECtHR section. The Committee emphasised that times of crisis require socio-economic rights to be protected, and finds many of the challenged austerity measures incompatible with the European Social Charter.
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ASCHENBRENNER, Jo Beatrix. "The European Union, human rights and China : how China challenges the coherence and efficiency of the EU's human rights policy in the framework of the CFSP." Doctoral thesis, 1999. http://hdl.handle.net/1814/5475.
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Award date: 19 February 1999First made available online on 21 June 2017
The performance of the European states at the UN Commission in Geneva in the last two years has again shifted the focus on this enormous country. The 15 European states are unable to find a common standpoint with regard to China, not at least because of economic interests. The impressive trade figures growing between the European Union and China gravely question the seriousness of any commitment to human rights on the side of Europe. Neither is a link established between China’s accession to the WTO and the observance of human rights, nor are the impressive trade figures, of the EU and China used to exert pressure on China. China even seems to reverse the position and to apply commercial bribery and threats to Western countries in response to criticism of its human rights record. If human rights indeed 'nominally pertain to political co-operation' instead of to aid or trade, then the current de-linking of human rights from trade with regard to China is nothing to complain about. If however human rights should be more than 'deploring the critical situation', then a human rights policy should also cover hard issues related to aid and trade policies. The case of China was chosen, on the one hand, because it shows human rights at the crossroads between law and politics, as the protection and enforcement of human rights is both a political and a legal problem. As regards the political side, different understandings and concepts of human rights exist among the states of the world. The legal dimension of human rights enforcement exemplifies the structural weakness of the international legal system in lack of mechanisms to enforce international law. On the other hand, China is a good case to demonstrate the deficiencies and problems still connected with the Common Foreign and Security Policy (CFSP) of the European Union. Can it overcome the divergent economic interests of the Member States or is it too weak a procedure? What are the reasons for the European Union's retreat to the CFSP alone in order to deal with China instead of applying a comprehensive human rights policy? 'China is today, by virtue of its size, economic vitality and future potential, of crucial importance from the European perspective as the EU seeks to expand its economic reach in the global context and to develop an effective Common Foreign and Security Policy'. This paper is an attempt to trace the development of the Union’s human rights policy towards China and to analyse its significance in relation to the needs of China. It is a country in transition, moving from a totalitarian system under one-party rule to a more open society, and perhaps eventually to a state where the principles of pluralist democracy and a market economy are adhered to. Integration into the economic, social and political life of Western Europe is considered to represent the most appropriate means of ensuring that the events of 1989 will not be repeated. It is the declared objective of the European Union to make its engagement in human rights more visible. To this end, coherence and targeting are necessary. According to the Commission document 'The European Union and the External dimension of Human Rights Policy: From Rome to Maastricht and Beyond', the first exercise of this kind, it is the Union’s obligation to 'define and implement a strategy guaranteeing the consistency, impact and efficiency of its activities'. The Union is, besides others, fulfilling this task by an 'in-depth analysis of human rights issues in order to develop a range of instruments tailored to the specific needs and features of the countries and regions concerned'. Knowing that this is only one small part of the overall strategy to become visible, coherent and efficient on the world scene, and finally to reach the objective of asserting its identity on the international scene as stated in Art. B of the Treaty of Maastricht (TEU), the paper will nonetheless focus on the tailoring of a human rights policy towards China as this gives enough material for discussion.
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TOGGENBURG, Gabriel N. "Das Recht der europäischen Union und die minderheiten Europas : Spielräume und Schranken in einem neuen Gestaltungsrahmen." Doctoral thesis, 2006. http://hdl.handle.net/1814/4805.
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Defence date: 13 January 2006Examining Board: Prof. Bruno De Witte, Doktorvater, Europäisches Hochschulinstitut Florenz ; Prof. Dr. Stefan Griller, Wirtschaftuniversität Wien ; Prof. Dr. Joseph Marko, Leopold-Franzens-Universität Graz ; Prof. Jacques Ziller, Europäisches Hochschulinstitut Florenz
First made available online on 19 December 2018
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FLØISTAD, Karin. "Fundamental rights and the EEA agreement." Doctoral thesis, 2003. http://hdl.handle.net/1814/5515.
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HANLEY, Colleen. "The abuse of human rights by European-based multinational corporations : effective control mechanisms for the EU." Doctoral thesis, 2002. http://hdl.handle.net/1814/5543.
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SANTOS, MOORE Carla. "Human rights clauses : unraveling the pattern of implementation." Doctoral thesis, 2006. http://hdl.handle.net/1814/6351.
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De, Cieri Helen. "The social dimension of the European Union : implications for strategic international human resource management in Australian multinational enterprises." Thesis, 1996. https://eprints.utas.edu.au/19648/1/whole_DeCieriHelen1996_thesis.pdf.
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The development of the European Union (EU) has provided a forum for the
attention of social scientists, political analysts, economists, and management
researchers and practitioners over the past few decades. It has been argued that
developments in the social dimension of the EU will hold significance for
multinational enterprises (MNEs) (Blanpain & Engels, 1993; Brewster &
Hegewisch, 1994). The growth of the European Union as a significant player in
world markets has particular significance for Australian MNEs, as the EU is
Australia's largest economic partner in terms of total transactions in goods,
services and investment (Department of Foreign Affairs and Trade, 1994a).
Hence, the implications of the social dimension of the EU for Australian MNEs
provide the context of this thesis.
The two broad themes for this thesis are policy analysis and theory development.
First, policy analysis involves investigation of the environment, including Australia
and the EU Member States (at national level), and the EU (at supra-national level).
MNEs form the central unit of analysis in this thesis. The research approach is
aimed to permit contextualization of the findings, particularly with regard to
strategic international human resource management (SIHRM) (Schuler, Dowling &
De Cieri, 1993) in Australian MNEs operating in the EU. Second, this thesis aims to operationalize an integrative approach to theoretical
advancement in SEHRM. In order to analyse the development of SMIRK a
conceptual integrative framework developed by Schuler et al. (1993) is examined.
The thesis charts the development of the field of SIHRM, recognising that it is a
relatively new area of enquiry and practical significance for MNEs.
Four major research questions were identified for investigation. In addition, 16
research propositions generated by Schuler et al. (1993) were selected for
investigation in this thesis. The research methodology utilised in this thesis
incorporates questionnaire surveys and organizational case studies to analyse quantitative and qualitative data on SEHRM issues, functions, policies and practices
of Australian MNEs operating in the EU. Data collection consists of three major
components. First, a pilot study was conducted in a large MINE operating in the
EU, in order to identify major SEHRM themes and issues in the EU context.
Second, questionnaire surveys were conducted in December of 1992 and 1994 to
investigate the role of S1HRM in Australian MNEs operating in the EU. Third, a
major organizational case study was analysed.
The discussion and analysis of the thesis findings leads to conclusions with respect
to the implications of the social dimension of the EU for HERM in Australian
MNEs. This research holds a range of implications relevant to policy analysis and
development, theory development, research methodology, and STHRM practice. A
revision of the integrative framework of SIHRM is presented.
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HANCOX, Emily. "The scope of EU fundamental rights: an analytical approach." Doctoral thesis, 2012. http://hdl.handle.net/1814/26438.
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Supervisor: Professor Loïc Azoulai, European University Institute.Award date: 26 November 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The scope of EU fundamental rights is in a general state of confusion. This thesis takes an analytical approach to the case law, focuses on how the Court of Justice has conceptualised cases dealing with fundamental rights. This approach goes beyond the use of misleading labels, often used to disguise any extension of the scope of fundamental rights. As a result of this, the case law on general principles is recategorised so that there are three main categories of Member State action falling within the scope of EU fundamental rights. These are, when the Member State acts based on a power conferred by the EU, when Member State action preconditions the exercise of an EU right and when a national measure is affected by EU legislation. The post-Charter case law is then considered against the backdrop of this recategorisation. The general trend suggests that the Charter has not affected the scope of EU fundamental rights. The potential impact of accession to the ECHR is then considered.
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LAZZERINI, Nicole. "The scope of the protection of fundamental rights under the EU charter." Doctoral thesis, 2013. http://hdl.handle.net/1814/29604.
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Defence date: 21 October 2013Examining Board: Professor Loïc Azoulai, European University Institute (EUI Supervisor) ; Professor Bruno de Witte, European University Institute; Professor Giorgio Gaja, University of Florence; Professor Steve Peers, University of Essex.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The recognition of the legally binding value of the EU Charter of Fundamental Rights has profoundly transformed the Union system of fundamental rights protection. The novelties not only concern the sources of this protection, but also the conditions for the application and interpretation of EU fundamental rights. In particular, before the entry into force of the Lisbon Treaty the Court of Justice was the exclusive architect of its approach to fundamental rights, whereas in the era of the legally binding Charter is confronted with written rules on the subject. Moreover, if there is no doubt that the Lisbon Treaty has put an unprecedented emphasis on the protection and promotion of EU fundamental rights, the Member States have contextually expressed, and with equal emphasis, concerns towards an ever-increasing expansion of the scope of EU fundamental rights, at the expense of domestic standards and material competences. Against this background, the aim of this thesis is to reconstruct the scope of the protection offered (better, that should be offered) by the EU Charter. The analysis covers problems relating both to the scope of application of the Charter and to its effects. Some of the questions addressed are new, as they stem from novelties introduced by the Charter others are veritable topoi of the EU discourse on fundamental rights, which nevertheless need to be revisited in light of the new scenario just described. The leading idea is that, in order to overcome the ambiguity of the Charter on many crucial issues concerning its scope of application and effects, reliance must be made on the role assigned to EU fundamental rights by the revised Treaties. These, and the progressive evolution of the EU system of fundamental rights protection, suggest that fundamental rights are constitutive values of the EU legal order.
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HAZELZET, Hadewych. "Carrots or Sticks? EU and US reactions to Human Rights violations (1989-2000)." Doctoral thesis, 2001. http://hdl.handle.net/1814/7157.
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Defence date: 17 September 2001Examining Board: Thomas Risse (Supervisor; European University Institute, San Domenico di Fiesole / Freie Universität, Berlin); Lisa Martin (Harvard University, Cambridge MA, USA); Bertjan Verbeek (Katholieke Universiteit Nijmegen, Nijmegen, the Netherlands); Richard Breen (European University Institute, San Domenico di Fiesole / Cambridge University, Cambridge, UK); Mark Polack (R. Schuman Center, San Domenico di Fiesole / Michigan University, USA).
The dissertation shows that countries with severe human rights violations and/or dictatorships are likely to be subjected to sanctions, irrespective of their strategic or economic importance to the West. A considerable number of states are never sanctioned for violating human rights, but these countries tend to be liberal democracies, allies and at peace. I found that the differences between the E.U. and the U.S. are negligible with respect to the use of punitive measures, but striking when it comes to the use of positive measures. The E.U. uses a combination of “carrots” and “sticks”, while “engagement” essentially means free trade and little else for the U.S. I argue that the institutional set up of the E.U. and the U.S. political systems can largely account for the differences in their reactions, while their common adherence to liberal norms can account for the similarities. Historically and institutionally speaking, it is easier for the E.U. to decide on positive measures than on negative measures. The institutional set up of U.S. sanctions policy, in contrast, favors the use of sticks, given the role of Congress in the decision-making and the small constituencies which favor positive measures. The findings, which largely undermine Realism and support Liberalism and Constructivism, challenge the conventional wisdom in the field, both among scholars and in the wider policy world according to which Western states pursue rather inconsistent human rights policies.
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MCHUGH, Claire. "Positive action and race discrimination : new challenges for the European Court of Justice." Doctoral thesis, 2005. http://hdl.handle.net/1814/5470.
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KUBE, Vivian. "The EU's human rights obligations towards the wider world and the international investment regime : making the promise enforceable." Doctoral thesis, 2018. http://hdl.handle.net/1814/51325.
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Defence date: 07 February 2018Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Joanne Scott, European University Institute; Professor Olivier De Schutter, University of Louvain; Professor Markus Krajewski, University of Erlangen-Nürnberg
This thesis uses the case of the international investment regime to demonstrate how the human rights framework that governs EU external relations can be operationalized in the realm of international economic law making. The first part of the thesis outlines the legal foundations for the EU to become a shaper of the international investment regime. These legal foundations are firstly found in the unique human rights framework consisting of human rights as a general principle and objective, the EU Charter of Fundamental Rights and international human rights law and secondly in the international investment competence of the EU. The second part of the thesis demonstrates the inaccessibility of the current international investment regime for human rights interests and shows that recent EU reforms fail to address the major inequalities of rights protection inherent in the investment regime. This regulatory tilt is however difficult to uphold in light of the normative framework established by the first part. The third part analyses two mechanisms, which were developed in the trade context: Ex-ante human rights impact assessments for EU trade and investment agreements and civil society monitoring bodies of EU trade and sustainable development chapters. In examining these mechanisms, this part explores the question of whether they could work towards mitigating the inequalities of rights protection. The potential of these mechanisms lies in their capacities to ensure a comprehensive assessment of policy impacts as well as to empower traditionally marginalized rights-holders to participate in the making, implementation and contestation of the international investment regime. These two methods – comprehensive assessment of policy impacts and empowerment of rights-holders – are embedded in other EU structural principles and the international human rights discourse and would, so this part argues, enable the EU to discharge its human rights obligations. To seize this potential, substantial reforms and a shift of conceptions are however still necessary. This part also analyses what parameters need to be changed in order to utilize these mechanisms for building sustainable institutions that enable marginalized local communities to inject their interests into the design and implementation of international investment regulations. Next to providing concrete proposals, this thesis therefore also demonstrates in a generalizable manner how the broad constitutional human rights mandate can gain precise shape and be broken down into clear benchmarks to which EU international economic law making can be held accountable to.
Chapter 1 'Human rights as a framework for foreign policies' draws upon an earlier version published as an article 'Human rights law in international investment arbitration' (2016) in the journal 'Asian Journal of WTO and International Health Law and Policy'
Chapter 3 'The European Union's external human rights commitment : what is the legal value of Article 21 TEU?' draws upon an earlier version published as EUI LAW WP 2016/10
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SHEEHY, Orla. "The Constituent and Instrumental Role of Human Rights in Development Policy: A case study of European Union (EU) relations with the group of African, Caribbean and Pacific (ACP) states." Doctoral thesis, 2007. http://hdl.handle.net/1814/6906.
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Defence date: 16 January 2007Supervisor: Prof. Bruno De Witte
This thesis explores the impact of international human rights law on the changing trends in international development policy and practice. The subject matter is analysed through a case study of European Union development cooperation policy and its relations with the group of African, Caribbean and Pacific (ACP) states.1 Whilst there is a burgeoning literature on this subject, known as the nexus between human rights and development?,2 the discovery of the convergence or union between human rights and development may have come of some surprise to non-jurists and to those within in the field of development. According to professionals engaged in this domain, development is usually defined and identified with economic growth, trade, capital flows and the transfer of technology.3 As Johan Galtung argues, both concepts (human rights? and development?) have evolved in distinct historical contexts, therefore, any connection or compatibility has more to do with Western history and culture than anything else.4 Furthermore, as Sano states, whilst both human rights and development were institutionalised in the global system in the post-World War II climate, both have different roots and have emerged in different contexts.5 In light of these claims, an obvious point of departure should consider what is meant by the terms development? and human rights? and briefly describe the interlinkages between these previously distinct domains. To this end, the idea of a gradual convergence of human rights and development will be introduced6 and this will be followed by a discussion of where EU development cooperation policy fits into this debate. In the remaining sections of the introductory chapter, the aims of this thesis and research questions will be outlined. A description of the methodology used, literature review and an overview of the chapters will also be presented.
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EKLUND, Hanna. "National margins of discretion in the Court of Justice of the European Union's adjudication of fundamental rights : studies of interconnectedness." Doctoral thesis, 2016. http://hdl.handle.net/1814/41504.
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Defence date: 25 March 2016Examining Board: Professor Claire Kilpatrick, European University Institute (Supervisor); Professor J.H.H. Weiler, European University Institute; Professor Gráinne de Búrca, New York University; Professor Aida Torres Pérez, Universitat Pompeu Fabra.
The aim of this thesis is to investigate the way in which the Court of Justice of the European Union (CJEU) uses the margin of discretion-technique to adjudicate cases involving fundamental rights, and importantly, what this use entails. This thesis will answer these questions by presenting the argument that the margin of discretion-technique opens up discretional spaces in specific instances of adjudication that enable participation of actors from both legal loci, along with their respective readings of legal sources. This creates an adjudicative process that blurs the boundaries between what is a EUropean and what is a nationally defined standard of fundamental rights protection. The margin of discretion-technique therefore promotes euro-national interconnectedness in the formulation of the applicable standard of fundamental rights protection in a given case, rather than separating subject matters and legal conflicts along jurisdictional lines. The presentation of this thesis proceeds as follows. Firstly, the origins of techniques of coordination of overlapping jurisdictions that share commitment to norms, such as margins of discretion, will be investigated and thereafter understood in the context of the European Union. Secondly, three dominant narratives pertaining to discourse on the CJEU's adjudication of fundamental rights will be reconstructed and their reliance on euro-national binary logics will be highlighted. These narratives then serve as points of contrast in what is the main body of the thesis, namely a presentation of three typologies of the CJEU's margins of discretion-use in its case law involving fundamental rights. In contrast to the dominant narratives, these typologies will illustrate the intricate sharing of interpretative authority that the margins of discretion represent, which creates the precondition for an interconnected elaboration of the standard of fundamental rights protection. Lastly, the legal pattern of interconnectedness will be picked apart and understood as a feature of the CJEU's adjudication of fundamental rights.
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REITER-KORKMAZ, Axelle. "Through a glass darkly or mirror clear? : study of the general restrictions to human rights." Doctoral thesis, 2010. http://hdl.handle.net/1814/15395.
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Defence date: 27 November 2010Examining Board: Pierre-Marie Dupuy (former EUI, Institut de hautes études internationales et du développement, Genève); Francesco Francioni (Supervisor, EUI); Tom Hadden (School of Law, Queen's University Belfast); Giovanni Sartor (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis analyses the general restrictions to the exercise of human rights in three parts; dealing respectively with the limits of individual rights and the aim and specificity of general restrictions, states of emergency, and abuses of rights. It analyses the distinctive position of human rights norms in the general architecture of the international system and reconstructs the concept of individual rights along those lines. It, then, compares the different means by which states can limit their obligations under international law. It highlights the need to regard these suspiciously and not to allow them, whenever it can be prevented. The main claim is that, in view of the distinctiveness of human rights treaties, only restrictions aimed at ensuring a better protection and more stringent respect of these rights should be admissible. It argues that only the general protective clauses allowing limitations in states of emergency and prohibiting abuses of rights fulfil this purpose. In this regard, it singles out the latter general clause as the main guarantee on which rest the different conventions, as well as the only justifiable limit to recognised rights. Besides, it defends that even these dispositions should be strictly construed, in order to respect both their protective nature and the wording of the international treaties in which they are inserted. For this, they need to satisfy a number of conditions related to the exceptional measures’ trigger and the content and extent of the restrictions. Different types of guarantees must also be provided. Finally, it further studies the corollary question of the horizontal application of human rights provisions in interpersonal relations.
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MARGARIA, Alice. "The construction of fatherhood under the jurisprudence of the European Court of Human Rights." Doctoral thesis, 2015. http://hdl.handle.net/1814/38272.
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Defence date: 18 December 2015Examining Board: Prof. Ruth Rubio-Marin, European University Institute (Supervisor); Prof. Bruno de Witte, European University Institute; Prof. Oddný Mjöll Arnardóttir, University of Iceland; Ms. Shazia Choudhry, Queen Mary University of London.
Over the last fifty years, a series of demographic and sociological shifts have resulted in an increasing split of biological families into different households, marriages and cohabitations. This process of disaggregation has proved to be a profoundly gendered phenomenon: it signified and continues to signify, to a great extent, a fragmentation of fatherhood. Vis-à-vis current family realities, this thesis attempts to establish to what extent the European Court of Human Rights deviates from or replicates the model of 'conventional fatherhood' when determining whether the refusal to grant the status of legal father or parental rights to the applicant amounts to a violation of his right to respect for family life (Article 8 ECHR), taken alone or in conjunction with Article 14 ECHR. For present purposes, 'conventional fatherhood' presupposes the coexistence of the following features within the same individual: a biological link between the father and his child, a marital relationship with the child’s mother, economic provision, heterosexuality and, more generally, compliance with heteronormative standards. The jurisprudential analysis points to, at least, four main findings. Firstly, rather than abandoning a conventional understanding of fatherhood, the Court tends to simply add a new layer to it: the father's interest and commitment to the child. However, this combination of change and continuity and, more specifically, the increased importance attached to nurturing bear a partial exception: the definition of fatherhood and, more generally, of parenthood endorsed in the jurisprudence pertaining to homo-parenthood. Secondly, the reaction of the Court to the realities of fragmented fatherhood is changeable. In decisions concerning the award of parental rights, the Court overcomes the assumption of exclusivity more easily, provided that the coexistence of more than one paternal figure serves the child's best interests. Differently, when it is the full legal status of fatherhood that is under scrutiny, the Court attempts to maintain the paternal figure as compact as possible, in line with the conventional ideology of fatherhood. Thirdly, the Court has proved generally cautious to impose new legal conditions at the national level; therefore, it seems to understand the role of the Convention as being that of reflecting – more than transforming – national legal realities. At the same time, although to a limited extent, the Court has begun to adopt an anti-stereotyping approach, thus employing the Convention as a tool for asserting a new definition of fatherhood, untied from general assumptions. Fourthly, and finally, the Court tends to focus almost exclusively on the interests of the applicants, thus ignoring the implications of its own decisions on other potentially affected parties, in particular mothers. The position of children is largely disregarded and, when considered, is subject to variable interpretations. While in the domain of homo-parenthood, the child's interests are interpreted according to conventional and, therefore, subjective understandings of 'good' parenting, when dealing with the claims of unmarried fathers, the Court appears to ground its assessment on the specific circumstances of the case.
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VAN, DER VELDE Sandrine. "The development of the EU right to family reunification in the context of international human rights protection." Doctoral thesis, 2003. http://hdl.handle.net/1814/4812.
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Defence date: 18 July 2003Examining board: Prof. Gráinne de Búrca, Supervisor ; Prof. Elspeth Guild ; Prof. Steve Peers ; Prof. Bruno de Witte
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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ULASIUK, Iryna. "Europeanization of language rights in Russia and Ukraine." Doctoral thesis, 2010. http://hdl.handle.net/1814/14528.
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Defence date: 28 June 2010Examining Board: Bruno De Witte (Supervisor, former EUI); Francesco Palermo (OSCE, The Hague); Roman Petrov (University of Heidelberg); Ruth RUBIO MARIN (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Language has always been one of the most pertinent factors contributing to the cultural diversity of societies throughout the world. Whereas the socio-historical processes of stateformation and nation building in the modern age have been accompanied by exclusive language policies aiming at linguistic homogenisation of the population, language rights have been central to the claims of national minorities for recognition of their identities. The preservation of linguistic diversity has, thus, become a major concern to many researchers, politicians and leaders of linguistic communities in Europe in general and countries of the former Soviet Union in particular. The issue of linguistic minorities has taken on a particular urgency because of the increasing recognition of the threat of extinction faced by many minority languages. The need for immediate action has become obvious. Europe has slowly but steadily started to come up with responses to how to keep the most vulnerable languages from extinction and guarantee rights to speakers of such languages at the same time. Today we can talk about the emergence of a European minimum standard of protection of language rights as it has developed since the 1990s in the European conventions and their monitoring activities. The impact of such standard varies in different countries and is being assessed in the present doctoral thesis with respect to Russia and Ukraine.
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Zarghamifar, Mina. "A comparative study on the "Safe Country of Origin" principle between the European Union and Canadian asylum legislations." Thèse, 2016. http://hdl.handle.net/1866/18633.
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Deux décennies après l’adoption de la Convention relative au statut des réfugiés en 1951, l’affluence du nombre de réfugiés réclamant l’asile aux frontières occidentales a mené les États européens à instaurer des règles restrictives pour dissuader les demandeurs d’asile à se réclamer de cette protection internationale au sein de leurs territoires respectifs. Une des mesures préventives récentes est la directive sur « Pays d’origine sûrs » (POS) dont l’objectif est d’identifier les requérants non éligibles à recevoir la protection internationale, car issus de pays considérés sécuritaires. Ce travail de recherche propose une étude comparative entre les directives de l’Union européenne adoptées en 2005, puis réformées en 2013 et la Loi sur l’immigration et la protection des réfugiés en vigueur au Canada.
D’une part, nous analysons l’impact néfaste de cette directive dissuasive sur les droits fondamentaux des demandeurs d’asile en provenance de pays d’origine désignés, notamment en ce qui a trait à leur droit à une entrevue individuelle ainsi que leur droit d’en appeler de la décision qui a été prise et leur refusant l’asile. D’autre part, nous démontrerons comment l’étendue des limites substantielles à l’égard des droits fondamentaux des demandeurs d’asile en provenance des POS est contradictoire avec les obligations constitutionnelles de l’UE et du Canada, notamment celles formulées dans la Charte des droits fondamentaux de l’Union européenne, la Convention européenne des droits de l’homme et la Charte canadienne des droits et libertés. Bien que l’élaboration et l’application des règles adoptées par les systèmes juridiques mentionnés souffrent de plusieurs défauts violant les droits fondamentaux des demandeurs d’asile en provenance de pays d’origine désignés, nous démontrerons que l’approche du Canada a des conséquences plus draconiennes sur des demandeurs d’asile en provenance de POS que celles découlant de la loi commune applicable dans l’UE. Finalement, nous conclurons que les États occidentaux ne devraient pas se limiter à une solution à court terme telle celle du POS. Ces États devraient avoir plus de responsabilités et offrir une protection internationale accrue en soutenant les pays près de zones de conflits tout en établissant un programme réaliste permettant d’accueillir un nombre précis de réfugiés tous les ans.
Mots Clés : Pays d’origine sûrs – Pays d’origine désignés – Droits humains – Droits procéduraux – Droit à l’entrevue individuelle – Droit d’appel – l’Union européenne – Canada – Réfugiés requérants – Demandeurs d’asileTwo decades following the adoption of the 1951 Convention Relating to the Status of Refugees, the growing number of asylum seekers arriving at the Western countries’ borders convinced European States to put in place new asylum rules to prevent asylum seekers from reaching their borders and dissuade the potential refugee applicants from seeking international protection in their respective territories. One of the most recent preventive measures has been the “Safe Countries of Origin” rule (hereafter SCO) whose main purpose is to identify and reject refugee applicants who are not in real need of international protection since they originate from countries which are deemed generally safe. In this research, we conduct a comparative study between the European Union’s Directives adopted in 2005 and recasted in 2013, and the Immigration and Refugee Protection Act enacted by the Canada. At the first step, we intend to verify the adverse impact of this deterrent rule, during the expeditious determination procedure, on the SCO asylum seekers’ fundamental human rights including the right to personal interview and the right to appeal. At the second step, our objective is to demonstrate to which extent the fundamental human rights limitations imposed on SCO asylum seekers are in contradiction with the EU’s and Canada’s constitutional obligations undertaken respectively in EU Charter of Fundamental Rights, the European Convention on Human Rights and the Canadian Charter of Rights and Freedoms. Based on this comparative research we illustrate that, while the elaboration and the application of the SCO rule in both the above-mentioned legal systems suffer from inherent flaws which infringe the basic human rights of SCO refugee applicants, Canada’s approach has had more drastic consequences on the SCO refugee applicants than those resulting from the EU’s common asylum law. Finally, we conclude that, instead of a short-term solution such as the SCO rule, the Western States must accept more responsibilities in providing international protection by supporting the countries that border the crisis zones, and establishing a workable program to accept a specific number of asylum seekers every year. Keywords: Safe Countries of Origin - Designated Countries of Origin - Human Rights -Procedural Rights - Right to Personal Interview - Right to Appeal - the European Union - Canada - Refugee Applicants - Asylum Seekers
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CORNELISSE, Galina. "Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame." Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
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Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines