Wednesday 5 September 2012

New ECHR Academic Articles

The newest 'current contents' selection of SIM's documentation (August 2012) includes a number of articles on the Convention and the Court:

* G. Martinico, 'Is the European Convention going to be ‘supreme’? A comparative-constitutional overview of ECHR and EU law before national courts', European Journal of International Law, vol. 23, no. 2 (2012) pp. 401-424.

The aim of this article is to answer the question, ‘are national judges extending the structural EU law principles (primacy and direct effect) to the European Convention on Human Rights’? This article does not intend to examine the broader issue of the
rapprochement between the legal systems of the EU and the European Convention on Human Rights (ECHR) but it concentrates on how national judges treat the norms of the ECHR compared with their treatment of EU law. I have structured this article in three parts. The first part offers a first look at the ‘constitutional variety’ existing in terms of constitutional provisions devoted to the impact of the ECHR and EU laws on the national systems. In the second part I will move to analyse the relevant case law of the domestic judges on three factors of potential convergence: consistent interpretation, disapplication of national law conflicting with European provisions, and emergence of a counter-limits doctrine. Finally, in the third part I will offer some concluding remarks on the convergence issue
* B. Dunlap, 'Protecting the space to be unveiled: why France's full veil ban does not violate the European Convention on Human Rights', Fordham International Law Journal,  vol. 35, no. 4 (2011/12) pp. 968-1026.

* N. Holcroft-Emmes, 'Life after Bankovic and Al-Skeini v. UK: extraterritorial jurisdiction under the European Convention on Human Rights', Oxford University Undergraduate Law Journal, no. 1 (2012) pp. 11-18.

* L. Lavrysen, European Asylum Law and the ECHR: An Uneasy Coexistence, Goettingen Journal of International Law, vol. 4, no. 1 (2012) pp. 197-242.

During the last two decades the European Union has become a major actor in the field of asylum law. Meanwhile, human rights law, in particular the European Convention on Human Rights (ECHR), has become of paramount importance in this field. This paper highlights certain areas of concern in the European Asylum System from the viewpoint of the ECHR. It particularly focuses on the Dublin II Regulation, the reception conditions and the detention of asylum seekers.