Egenberger and Bauer: The EU Charter as a source of rights and obligations for individuals
The Egenberger and Bauer judgments concern what has been described as probably the most important development in EU fundamental rights law in a long time (Sarmiento): establishing the horizontal direct effect of some of the provisions of the EU Charter of Fundamental Rights (Charter). The Bauer judgment also established the duty of consistent interpretation in…
Read moreProtecting the rule of law by European Courts – which way to go?
Janneke Gerards The rule of law is under pressure in many States. In recent times, for example, Hungary and Poland have been severely criticised for changes they have made to their systems that undermine judicial impartiality and independence. Moreover, in several States, the pluriformity of the media is under pressure, the role of civil society is threatened, and the…
Read moreIndependence and autonomy: the parallel worlds of courts and public agencies
Courts and public agencies are developing in their own way under different pressures, but their paths seem to converge. For the judiciary the key issue is independence; in public agencies it is all about autonomy. These two concepts derive from different perspectives, but are very similar in their consequences for governance. This was one of…
Read moreUsing Guarantees of Non-Repetition to (Re)Frame Police Reforms
Brianne McGonigle Leyh (The below blog is based on a draft article presented at the conference ‘Guarantees of Non-Recurrence: Transformative Police Reform’ on 5 November 2018 in Utrecht, the Netherlands) Countries around the world grapple with how to address excessive police violence that violates human rights. For decades, scholars and practitioners have stressed the importance…
Read moreThe mysterious appeal of the Universal Declaration of Human Rights
Barbara Oomen If there is one issue that, as a human rights scholar, has puzzled me for years it is the continued popularity of the UN 1948 Universal Declaration of Human Rights (UDHR). Permanently referring back to the UDHR, it seems to me, is like continuing to use an old Nokia when the Iphone X…
Read moreProcess-based fundamental rights review: what about the applicant?
L.M. (Leonie) Huijbers What if you see a runaway train moving toward five people tied-up on a track. Would you pull a lever to redirect the train to another track? Yes, of course. No doubt about it. But what if there was another person tied-up on the other track? The decision whether to pull the…
Read moreThe Rome Statute at 20 Years: Exploring Intersections of Law and Culture at the International Criminal Court
Julie Fraser & Brianne McGonigle Leyh On 17 July 2018, the Rome Statute (RS) creating the International Criminal Court (ICC) celebrated its 20th anniversary. The ICC is a permanent court that investigates serious international crimes including genocide, crimes against humanity, and war crimes, and prosecutes individuals believed to be most responsible. In this way, the ICC promotes the rule…
Read more“Practically unimportant”? A poor excuse or well-executed sarcasm? — On China’s constitutional amendment removing the limitation on the President’s term of office
Shuai Zhang in response to a previous blog post by Cong-rui Qiao The National Congress of China has recently passed a highly controversial constitutional amendment removing the limitation on the President’s term of office. Consequently, it is no longer limited to two consecutive terms. While some consider this amendment as a step towards dictatorship, many are…
Read moreDrifting between disciplines: the challenges of doing multi- and interdisciplinary research
Erie Tanja, postdoctoral researcher Nowadays, when talking about scientific research, the call to make it multi- or interdisciplinary, is never far away. Although the terms are often mixed up or used interchangeably, there is a difference. Multidisciplinary research is about ‘simply’ combining insights from different disciplines; interdisciplinary research…
Read more‘Every Organ of Society’: Exploring the Role of Social Institutions in the Effective Implementation of International Human Rights Law
Julie Fraser This blog was written by Julie Fraser who will defend her PhD at Utrecht University on 31 May at 10.30am. This year we celebrate the 70th anniversary of the Universal Declaration of Human Rights (UDHR). This document continues to represent a landmark achievement of the international community. Since 1948, much progress has been achieved, with numerous human…
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