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Judicial review - A comparative analysis inside the European legal system (2010)
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Format:16 x 24 cm. 330 pp.
Edited by S.Galera
The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterised by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls.
This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law.
The authors conclude that the issue of individual guarantees vis-ŕ-vis public powers should be carefully monitored in Europe
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Democracy and human rights for Europe - The Council of Europe's contribution (2009)
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Author: Jean Petaux
Format: 16 x 24cm. Pages 337
Synopsis
Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe… All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council – which is to celebrate its 60th anniversary this year – has become one of the main institutions of intergovernmental co-operation.
This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-ŕ-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.
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European judicial systems - Edition 2008 (data 2006) Efficiency and quality of justice (2008)
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Format: A4. Pages334.
The new edition of the report of the European Commission for the Efficiency of Justice (CEPEJ), comprising new data for 45 European states, provides the Council of Europe with a real snapshot of justice in Europe. The methods developed by the CEPEJ to monitor judicial systems have collected, processed and analysed thousands of quantitative and qualitative data. This report, which is intended for policy makers, legal practitioners and researchers as well as for those who are interested in the functioning of justice in Europe, provides comparative tables and analysis of key indicators including: public spending on the judicial system, the legal aid system, the organisation of jurisdictions, judicial personnel, length of proceedings, lawyers and notaries.
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CIA above the law? Secret detentions and unlawful inter-state transfers of detainees in Europe (2008)
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Format:6"x8". Pages 300.
Synopsis
Has Europe become ”a happy hunting ground” for foreign security services? Is it acceptable, in the name of common security and the fight against terrorism, for citizens to be kidnapped, transferred and arbitrarily detained in secret prisons, and then tortured, on the mere suspicion or terrorism and in defiance of international law?
Two investigations by the Parliamentary Assembly into the High Value Detainee (HVD) programme set up by the US Administration after the attacks of 11 September have revealed the global “spider’s web” spun by the CIA. The so-called “extraordinary renditions” programme has resulted in numerous serious human rights violations. It has only been able to function through the co-operation of certain Council of Europe member states, despite the fact that they are bound by European human rights Conventions.
Furthermore, the European Commission for Democracy through Law has included its expert legal opinion on general international legal principles and the responsibility that Council of Europe member states would incur if they, either deliberately or by negligence, failed to meet their obligations.
This book, with its revealing eye-witness accounts, gives credence to the Council of Europe’s position that if measures to combat terrorism are to be effective in the long term, they must respect human rights and the rule of law.
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Guantánamo: violation of human rights and international law? (2007)
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Point of view - Point of Law
Guantánamo: violation of human rights and international law? (2007)
Format: 14x20cm. Pages 120.
Synopsis
What are the rights of the prisoners held by the United States at the base in Guantánamo Bay? Is their imprisonment lawful? Should we be thinking about strengthening the Geneva Conventions and changing international law?
The Parliamentary Assembly, and hence the 47 member states of the Council of Europe, has spoken with one voice, condemning this flagrant violation of human rights and demanding the closure of the Guantánamo detention centre.
This book contains all the Assembly's arguments, along with the study by the Venice Commission, which brings all its legal expertise to bear in considering whether the detention of people by the United States in Guantánamo Bay is lawful and if there is a need for a change in international law.
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Extradition - European standards (2007)
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Format:16 x 24 cm . Pages 168.
The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition.
For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states.
This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers.
Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.
Contents
Explanatory notes on the Council of Europe convention and protocols
and minimum standards protecting persons subject to transnational criminal proceedings
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Protecting witnesses of serious crime - Training manual for law enforcement and judiciary (2006)
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Authors:Stjepan Gluščič, Goran Klemenčič, Tajana Ljubin, Dragan Novosel, Dražen Tripalo, Gert Vermeulen
ISBN 10 92-871-6030-9
ISBN 13 978-92-871-6030-0
Format:16 x 24 cm.
Pages 373.
Witnesses play a crucial role in the investigation, prosecution and adjudication of serious and organised crimes. A range of procedural and non-procedural protection measures is considered necessary to ensure that witnesses can testify freely and without intimidation, and that their life and that of their relatives and other persons close to them is protected before, during and after trial.
This manual will be a valuable tool for law-enforcement officials, judges and prosecutors with responsibilities in relation to the protection of witnesses and victims, as well as for trainers and trainees for both teaching and research purposes. The publication includes recently adopted Council of Europe and other standards in this field. Furthermore it contains a compendium of national laws and practices in the
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Council of Europe Law - Towards a pan-European legal area.
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(2005)Aurhors:Florence Benoît-Rohmer, Heinrich Klebes.
Format 16x24cm. 245 pages.
Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation’s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union.
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Death penalty - Beyond abolition
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(2004) 6"x9 1/2", 244 pages.
This book reviews the long and sometimes tortuous path to abolition in Europe. It also addresses the tangible problems which countries face once the death penalty has been abolished, and related issues.
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Child sexual abuse in Europe
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(2003)editors: Corinne May-Chahal and Marie Herczog. format 16x24cm.246 pages icluding bibliography.
This book offers a pan-European perspective on the issue, drawing on the rapidly growing evident base and current policy. Individual country case studies highlight difficulties facing Germany, Poland, Romania and England, and key issues facing all countries are discussed. .. legal processes .. therapeutic help..
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Human Rights in International Law - Collected texts (2nd edition)
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(2002) 6"x9 1/2", paper, 538 pages.
This collection brings together in one volume a selection of the major international texts in the field of human rights, which can be used both as an introduction to this vast subject and as a working tool for students, professionals and others working in the field of human rights.
Although it cannot be considered to embrace all international texts on the subject, this collection mayserve as a reference book providing informtion in an objective and precise manner.
This book responds to the growing interest in human rights among students, lawyers, teachers, diplomats and other professional groups, as well as the general public.
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