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Full-Text Articles in Law
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
Theodor JR Schilling
Invoking State immunity in court proceedings is a way for a State to prevent judicial scrutiny of its responsibility for its actions. Such scrutiny, however, is the main raison d'être at least of those human rights regimes that provide for a supervision of States' compliance with human rights. It would therefore come as no surprise if human rights jurisprudence, especially the jurisprudence of the European Court of Human Rights would prove to be a challenge to State immunity. However, it is not, or, at most, in a roundabout way.
European Criminal Law, Mareike Persson
European Criminal Law, Mareike Persson
Mareike Persson
There is little doubt that Europeanization is making headway now in the field of criminal justice. Some provisions of the Union Treaty (like Art.29, 31, 34 TEU) are at least an indication of the forces which are likely to shape future developments. There exist different possible lines of development: more intensive co-operation, assimilation and harmonisation, for example in the form of a model penal code or in form of the proposed Corpus Juris. They all have their weaknesses.