Full Description
2014 was a year of transition and controversy in Europeand new Commission were constituted and Opinion 2/13 of the Court of Justice of the European Union on the EU's accession to the European Convention on Human Rights raised serious questions about the coherence and future character of the human rights protection regimes in Europe. Across 38 contributions by 61 authors in five sections, the European Yearbook on Human Rights 2015 explains and contextualizes key developments in human rights and provides much needed analysis.Edited jointly by representatives of four major European human rights research, teaching and training institutions, the Yearbook 2015 covers political and legal developments in the field of the three main organizations charged with securing human rights in Europe: EU, Council of Europe and OSCE, accompanied by a chapter on cross-cutting topics. Now in its seventh edition, the Yearbook remains essential reading for anyone interested in human rights in Europe and the world.
Contents
Editors' Preface ... 7 Abbreviations ... 17 I Topics of the Year ... 25 Paul GRAGL The Reasonableness of Jealousy: Opinion 2/13 and EU Accession to the ECHR ... 27 Elisabeth STEINER and Ioana RATESCU The Long Way to Strasbourg - The Impact of the CJEU's Opinion on the EU's Accession to the ECHR ... 51 Maria BERGER und Clara RAUCHEGGER Opinion 2/13: Multiple Obstacles to the Accession of the EU to the ECHR ... 61 II European Union ... 77 Wolfgang BENEDEK EU Human and Fundamental Rights Action in 2014 ... 79 Hans-Peter FOLZ The Court of Justice of the European Union and Human Rights in 2013-2014 ... 105 Theodor RATHGEBER Human Rights a la Carte: The EU at the UN Human Rights Council in 2014 ... 125 Gosia PEARSON Assessment of the Implementation of the EU Human Rights Strategy and Action Plan as Regard Business and Human Rights ... 135 11 Table of Contents The Potential Role of the Horizontal Social Clause (Article 9 TFEU) on Social Rights Protection ... 143 Karin LUKAS The EU Charter of Fundamental Rights and the European Social Charter - an Alliance for Social Rights?... 153 Ewelina TYLEC The Influence of Economic Crisis on Fundamental Rights in the European Union: A Step Forward or Step Backwards? ... 165 Moritz BIRK and Gerrit ZACH Torture Prevention in the EU - Many Actors, Few Outcomes? ... 175 Grazia REDOLFI European Union's Attitude Towards Reproductive Rights: Clear Policy or Double Standards Approach ... 189 Denise VENTURI The Body as an Instrument of Border Control: Remarks on Age Assessment for Unaccompanied Migrant Children ... 201 Rocio ALAMILLOS SANCHEZ EU Sanctions Policy: A New Human Rights Tool? The Case of Belarus ... 213 Nicolas HACHEZ and Jan WOUTERS Introducing FRAME: A Large-Scale Research Project on the European Union and Human Rights ... 227 Katharina HAUSLER and Alexandra TIMMER Human Rights, Democracy and Rule of Law in EU External Action: Conceptualization and Practice ... 231 Balazs MAJTENYI The Nation's Will as Trump in the Hungarian Fundamental Law ... 247 Felipe GOMEZ ISA and Maria NAGORE CASAS EU Member States Under the Universal Periodic Review of the Human Rights Council: Achievements and Challenges ... 261 Table of Contents The European Union and Brazil in the Quest for the Global Promotion of Human Rights: Prospects for a Strategic Partnership ... 279 Viljam ENGSTROM and Mikaela HEIKKILA Lisbonising Back and Forth? Strategic Planning and Fundamental Rights in the AFSJ ... 295 Veronika APOSTOLOVSKI, Isabella MEIER, Markus MOSTL, Klaus STARL and Maddalena VIVONA Measuring Human Rights in EU Practice: Realities and Requirements ... 307 III Council of Europe ... 317 Brigitte OHMS, Dominik HAIDER, Elisabeth HANDL-PETZ, Martina LAIS and Sebastian SCHOLZ The Jurisprudence of the European Court of Human Rights in 2014: A Year of Consolidation ... 319 Amalie BANG Recent Developments in Whistleblower Protection in Europe ... 343 Jonas GRIMHEDEN and Gabriel N. TOGGENBURG Fundamental Rights in EU Criminal Justice Instruments: How to Best Make the Glass Slipper Fit? ... 355 Adina PORTARU The "Rights and Freedoms of Others" vs. Religious Manifestations: Who Wins at the ECtHR? ... 367 Zane RATNIECE and Kushtrim ISTREFI The Limits of the Strasbourg Court's Two-Level Harmonization Approach vis-a-vis SC Resolutions in Al-Dulimi ... 379 Philip CZECH European Human Rights in International Military Operations ... 391 Sarah LAMBRECHT The Brexit Scenario: Potential Consequences of a Withdrawal of the UK from the European Convention on Human Rights ... 407 Table of Contents Manfred NOWAK Torture, Enforced Disappearances and Extrajudicial Killings in the OSCE Region ... 423 Eva Katinka SCHMIDT and Vasily VASHCHANKA Judicial Performance Evaluation and Judicial Independence: International Standards for an Appropriate Balance ... 435 Irina URUMOVA The Role of Social Inclusion in Preventing Victimization: What We Know and What We Don't Know ... 445 Lucile SENGLER Foreign Terrorist Fighters: A Human Rights Perspective ... 453 Martina ORLANDI Wartime Sexual Violence: The Route to Accountability Between International Justice and Political Commitments ... 467 Kateryna RYABIKO and Marcin WALECKI A Right to Political Participation Beyond Elections ... 479 Andrei RICHTER The Relationship between Freedom of Expression and the Ban on Propaganda for War ... 489 V Cross-Cutting Issues ... 505 Klaus STARL, Veronika APOSTOLOVSKI and Ingrid NICOLETTI Human Rights Education for the Judiciary: An Assessment of a Decade of Training Experience ... 507 Tessa SCHREMPF An Economy to Feed (on) Human Beings? Human Rights and the Responsibility to Counteract ... 517 Patrick HARRIS Prisoners: Disenfranchised with Dignity? Searching the Legal and the Theoretical to Find the Cure for Europe's Ailing Right to Vote ... 533 Table of Contents Biographies ... 567NER(01): WOW
