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  • Christina Eckes | Universiteit van Amsterdam - Academia.edu
    autonomy of the EU than constitutional courts are concerned about national autonomy More Info Amsterdam Centre for European Law and Governance Research Paper No 2011 10 Amsterdam Law School Research Paper No 2011 50 The European Court of Justice and Quasi Judicial Bodies of International Organizations in Ramses A Wessel and Steven Blockmans eds The Influence of International Organizations on the EU Forthcoming Publisher Wiley Online Library Publication Date Jan 1 2008 Publication Name European Law Journal Research Interests legal autonomy European Court of Justice European Court of Human Rights World Trade Organization edit Download pdf Quick view Share Facebook Twitter Edit Delete Move section Does the European Court of Human Rights Provide Protection from the European Community The Case of Bosphorus Airways more by Christina Eckes The relationship between the European Court of Human Rights and the European Court of Justice is a longstanding issue in academic literature In the recent case of Bosphorus Airways the ECtHR had for the first time the occasion to confirm more The relationship between the European Court of Human Rights and the European Court of Justice is a longstanding issue in academic literature In the recent case of Bosphorus Airways the ECtHR had for the first time the occasion to confirm its readiness to review at least indirectly European Community law The Strasbourg Court was asked to review an act of a Contracting Party adopted to comply with EC law and it agreed to do so Additionally the EC law obligation had been confirmed by an ECJ decision which was consequently also subject to the ECtHR s review However the protection the individual may find in Strasbourg from Community acts remains doubtful It is suggested that the ECtHR applied a reduced level of judicial scrutiny which will contribute to the respectful relationship between the two European Courts but it does not offer the individual an effective external review of alleged human rights infringements by the EC More Info European Public Law Vol 13 2007 pp 47 67 Publisher papers ssrn com Publication Date Jan 1 2007 Publication Name European Public Law Research Interests Bosphorus Airways ECHR ECJ presumption of equivalent protection edit View on kluwerlawonline com Share Facebook Twitter Edit Delete Move section The Role of Judges Confronted with Norms from Different Origins The Case of Counter Terrorist Sanctions more by Christina Eckes Sanctions against private individuals suspected to have supported terrorism individual sanctions are one of the most illustrative examples of the dangers of decision taking by multilateral institutions They combine the two most more Sanctions against private individuals suspected to have supported terrorism individual sanctions are one of the most illustrative examples of the dangers of decision taking by multilateral institutions They combine the two most fundamental power grasps of the executive in recent years counter terrorist policies and the externalization of decision making Incrementally but potentially irreversibly counter terrorist measures have turned exceptional limitations of fundamental rights into normality This has considerably increased public powers over citizens most prominently the powers of the executive The externalization of decisionmaking refers to the setting up and conferring powers to multilateral institutions which then take over functions and tasks that traditionally lie with states This international and European governance is largely exercised by the executive Internal policies have become foreign policies and foreign policy in principle irrespective of the subject matter remains a prerogative of the executive States are represented in these multilateral institutions by their government The consequences of counter terrorist sanctions for the individual are dire they are publically labeled as terrorists and denied access to their financial assets In its most recent ruling of 30 September 2010 the General Court left no doubt that individual sanctions are particularly draconian and speculated whether they might have to be considered criminal measures irrespective of their administrative disguise The harm that individual sanctions do not only to the economic situation but also to the reputation of those listed can only be imagined after reading the factual background of sanctions cases However they have done even greater harm to the reputation of the Security Council and to the fight against terrorism as well as decision making by multilateral institutions more broadly The Security Council should not impose measures as specific as individual sanctions There is no democratically legitimated framework in which the Security Council could root these measures and they are not subject to independent review mechanisms Being confronted with rules of multilateral institutions that apply to the most specific factual situations the domestic judiciary is given the important task of defining the relationship of these norms with national law Judges have to take a decision on the applicability of norms from different legal spheres that do not stand in a hierarchical relationship with each other They will have to find a convincing method of deciding on the applicability of these different norms to the situation before them which combines formal and substantive considerations More Info in K E Joergensen and K Laatikainen eds Handbook on Europe and Multilateral Institutions forthcoming Publication Name European Law Journal Research Interests Counter terrorist sanctions decision making multilateral institutions individual sanctions Security Council edit Download pdf Quick view Share Facebook Twitter Edit Delete Move section International Law as Law of the EU the Role of the Court of Justice more by Christina Eckes Lately the Court of Justice has been harshly criticised for having unduly restricted the effects of international law within the European legal order Cases such as Van Parys Kadi Mox Plant Intertanko and Commune de Mesquer have led more Lately the Court of Justice has been harshly criticised for having unduly restricted the effects of international law within the European legal order Cases such as Van Parys Kadi Mox Plant Intertanko and Commune de Mesquer have led scholars to argue that the Court of Justice is becoming less international law friendly This brings interesting questions to the fore has the case law changed And if there is a change is this change due to a different attitude of the Court of Justice towards international law What factors could have influenced the recent decisions of the Court of Justice This working paper addresses these questions It analyses the Court s recent decisions concerning international law contrasts them with earlier rulings and places them in the broader context of the Court s understanding of the European legal order The analysis leads to a more nuanced conclusion The Court s attitude towards international law cannot easily be placed on a one dimensional scale of international law friendliness Finally four observations are made on what might have influenced the Court s rulings in recent years More Info In Enzo Cannizzaro Paolo Palchetti and Ramses A Wessel eds International Law als Law of the European Union Martinus Nijhoff Publishers 2011 pp 353 377 CLEER Working Paper 2010 6 Publisher ingentaconnect com Publication Date Jan 1 2006 Publication Name King s Law Journal Research Interests Court of Justice international law case law European legal order edit Download pdf Quick view Share Facebook Twitter Edit Delete Move section EU counter terrorist policies and fundamental rights the case of individual sanctions more by Christina Eckes This book examines the complex institutional and substantive issues arising from the EU s practice of listing and sanctioning private individuals who are suspected of supporting terrorism It provides a comprehensive analysis of the two more This book examines the complex institutional and substantive issues arising from the EU s practice of listing and sanctioning private individuals who are suspected of supporting terrorism It provides a comprehensive analysis of the two types of counter terrorist sanctions adopted within the EU those giving effect to UN lists of terrorist suspects and those giving effect to autonomous European lists In more detail the book seeks to demonstrate that in the area of individual sanctions procedural and judicial protection both from Community first pillar and Union second and third pillar measures has fallen below the standard required by EU law and by the European Convention on Human Rights ECHR European sanctions against individuals continue to infringe the fundamental rights of those targeted While the European Court of Justice ECJ has in principle confirmed that all Community sanctions are subject to full judicial review irrespective of whether they give effect to UN or EU lists in practice individuals do not yet have the necessary procedural rights at their disposal In particular the relevant information on which the listings are based is not shared with the parties or even with the courts Further procedural and judicial protection from terrorist listings in the second and third pillar Union lists remains very limited The book argues that independent judicial review but also procedural protection take an exceptionally important role in the area of counter terrorist policies where it is crucial to ensure the proportionality of far reaching fundamental rights restrictions in the individual case More Info Oxford University Press 2009 Publisher books google com Publication Date Jan 1 2009 Research Interests Terrorist Listing European Convention on Human Rights Counter Terrorist Policies ECJ Fundamental Rights and 4 more UN Procedural Rights Individual Sanctions and Terrorism edit Download pdf Quick view View on ukcatalogue oup com Share Facebook Twitter Edit Delete Move section A European Area of Freedom Security and Justice A Long Way Ahead more by Christina Eckes Article 3 2 TFEU stipulates The Union shall offer its citizens an area of freedom security and justice Such an Area sounds like a present anyone would want to receive However what precisely is the meaning of these promising more Article 3 2 TFEU stipulates The Union shall offer its citizens an area of freedom security and justice Such an Area sounds like a present anyone would want to receive However what precisely is the meaning of these promising terms How much freedom security and justice does the Union want to offer What are the inherent limitations What are the constitutional political and practical obstacles to establishing the Area in the way the Union envisage it The establishment of the area of freedom security and justice poses huge challenges for the Union and its Member States The identification of joint objectives is difficult and might disenchant those who were inspired by the promising terminology but even greater constitutional political and practical difficulties arise when European law is incorporated into national law when specific and effective cooperation arrangements are set up including those requiring exchange of information when flexible and differentiated integration compartmentalises the Area to a patchwork in the exercise of parliamentary control in the treatment of third country nationals and in the control of minimum standards at all levels of cooperation More Info Uppsala WP 2011 6a Publisher utwente nl Publication Date Jan 1 2010 Publication Name Crime within the Area of Research Interests European area of freedom security and justice and Article 3 2 TFEU edit Download pdf Quick view View on jur uu se Share Facebook Twitter Edit Delete Move section Sanctions Against Individuals Fighting Terrorism Within the European Legal Order more by Christina Eckes As part of the international fight against the financing of terrorism both the United Nations and the European Union have been adopting restrictive measures against natural and legal persons not directly related to the power structure of more As part of the international fight against the financing of terrorism both the United Nations and the European Union have been adopting restrictive measures against natural and legal persons not directly related to the power structure of a state since 1999 and 2001 respectively These individual sanctions imposed both on EU citizens and third country nationals typically consist of asset freezes and travel bans The Union in particular adopts two types of sanctions 1 individual sanctions implementing lists of terrorist suspects drawn up by the UN Sanctions Committee 1 and 2 sanctions based on EU managed lists autonomous EU sanctions regime Both types of European sanctions against individuals have triggered wide spread concern amongst human rights lawyers 3 The Parliamentary Assembly of the Council of Europe went as far as calling the practice unworthy of an international body such as the EU 4 Besides arguments that they infringe substantive rights a majority agrees that they do not comply with the procedural rights guaranteed in the European legal order In December 2006 five years after the autonomous sanctioning regime of the Union was introduced the Court of First Instance hereafter CFI annulled for the first time an EC Council decision declaring a legal entity a terrorist organisation and freezing its assets case of OMPI The Court found fault with the fact that those listed could not exercise their rights of the defence that they were not even notified of their listing or informed of the underlying reasons and that they could not exercise their right to an effective judicial remedy More Info European Constitutional Law Review Vol 4 Issue 2 2008 pp 205 224 Publisher Cambridge Univ Press Publication Date Jan 1 2008 Research Interests individual sanctions cases of OMPI Sison and Segi right to a fair hearing duty to give reasons right to judicial protection edit Download pdf Quick view View on journals cambridge org Share Facebook Twitter Edit Delete Move section The Kadi Case Mapping the Boundaries between the Executive and the Judiciary in Europe more by Christina Eckes Counter terrorism policy requires a delicate balance between important interests representing fundamental values of liberal democracies This substantive issue however is preceded by the question who the final authority should be to more Counter terrorism policy requires a delicate balance between important interests representing fundamental values of liberal democracies This substantive issue however is preceded by the question who the final authority should be to decide where the tipping line of this balance is to be placed What is the role of courts in finding this balance and which decisions should be reserved for the executive More Info Co authored with D Curtin International Organizations Law Review Vol 5 2009 pp 1 5 Publisher Nijhoff Publishers an imprint of Brill Publication Date Jan 1 2008 Publication Name Organizations Law Review Research Interests Counter terrorism Kadi Executive Judiciary edit View on brill nl Share Facebook Twitter Edit Delete Move section Controlling the Most Dangerous Branch at Bay Multilayered Counter Terrorist Policies and the European Judiciary more by Christina Eckes This working paper discusses the most recent developments in the adoption and adjudication of UN and EU counter terrorist sanctions against individuals It explains how at both levels their adoption is characterized by a deep disregard more This working paper discusses the most recent developments in the adoption and adjudication of UN and EU counter terrorist sanctions against individuals It explains how at both levels their adoption is characterized by a deep disregard for fundamental rights Furthermore the paper develops how the adoption of individual sanctions has led the EU institutions and the EU Member States into an impasse It is impossible to give effect to UN sanctions without breaching European and for the Member States in principle also national law and international law However by not giving effect to UN sanctions the EU Member States act in conflict with their obligations under the UN Charter and the EU institutions arguably act against the objectives of the European Treaties Finally the paper turns to individual sanctions in the light of the doctrine of separation of powers and the changing tasks of the judiciary when faced with multilayered governance Courts are given the power to establish a hierarchy of norms with far reaching effects which did not exist a priori More Info European Journal for Risk Regulation Issue 4 pp 505 522 2011 Amsterdam Law School Research Paper No 2011 08 Amsterdam Centre for European Law and Governance Research Paper No 2011 02 Publisher papers ssrn com Publication Date Jan 1 2011 Publication Name Amsterdam Law School Research Paper No 2011 08 Research Interests Fundamental Rights Doctrine of Separation of Powers Multilayered Governance UN counter terrorist sanctions obligation UN Charter and 2 more Individual Sanctions and EU counter terrorist sanctions edit Download pdf Quick view View on jur uva nl Share Facebook Twitter Edit Delete Move section The Legal Framework of the European Union s Counter Terrorist Policies more by Christina Eckes Terrorism has become one of the main buzz words of our times This has not left the European Union EU s policies unaffected Indeed it is fair to say that counter terrorism is one of the fastest developing policy regimes within the more Terrorism has become one of the main buzz words of our times This has not left the European Union EU s policies unaffected Indeed it is fair to say that counter terrorism is one of the fastest developing policy regimes within the EU This might be particularly surprising given that it is somewhat controversial whether the EU should play a role in the fight against terrorism at all Certainly the particularities of the European legal order create additional obstacles to adopting a coherent counter terrorist policy regime In the last decade both the quality and the quantity of activities aimed to contain terrorism have increased tremendously within the EU Today the EU has developed its own counter terrorist policies that include measures under the former Community pillar In particular the European Council s Action Plan to fight terrorism on 21 September 2001 marks the opening of a new chapter in the EU s counter terrorist activities Part of this development is that the fight against terrorism has become one of Justice AFSJ This both reflects and shapes the EU s choice of taking a criminal law approach to fighting terrorism The Council described the objectives of the AFSJ as 1 extending free movement of persons protecting fundamental rights and promoting EU citizenship while facilitating the integration of third country nationals freedom 2 fighting against all forms of organised crime security 3 guaranteeing European citizens equal access to justice and facilitating cooperation between Member States judicial authorities justice The aim of

    Original URL path: http://uva.academia.edu/ChristinaEckes (2012-11-14)
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  • Annette Schrauwen | Universiteit van Amsterdam - Academia.edu
    E Horváth The Integration of Cultural Considerations in more by Annette Schrauwen Publisher dialnet unirioja es Publication Date Jan 1 2009 Publication Name Legal issues of economic integration Share Facebook Twitter Edit Delete Move section Book Review Book Review Regulating the Internal Market more by Annette Schrauwen Publication Date Jan 1 2010 Publication Name Legal Issues of Economic Integration Share Facebook Twitter Edit Delete Move section CASE C 445 00R REPUBLIC OF AUSTRIA V COUNCIL OF THE EUROPEAN UNION more by Annette Schrauwen Publisher elibrary ru Publication Date Jan 1 2003 Publication Name Business Law Review Share Facebook Twitter Edit Delete Move section The Rule of Reason Rethinking Another Classic of European Law Hogendorp Papers No 4 more by Annette Schrauwen Publisher lavoisier fr Publication Date Jan 1 2005 Publication Name Recherche Share Facebook Twitter Edit Delete Move section Fishery Waste Management and Persistent and General Failure to Fulfil Control Obligations The Role of Lump Sums and Penalty Payments in Enforcement Actions more by Annette Schrauwen Publisher Oxford Univ Press Publication Date Jan 1 2006 Publication Name Journal of Environmental Law Share Facebook Twitter Edit Delete Move section People in the Community a recurring fraction more by Annette Schrauwen Publisher dialnet unirioja es Publication Date Jan 1 1998 Publication Name Legal issues of economic integration Share Facebook Twitter Edit Delete Move section European Union citizenship in the Treaty of Lisbon any change at all more by Annette Schrauwen Publisher dialnet unirioja es Publication Date Jan 1 2008 Publication Name Maastricht journal of European and comparative Share Facebook Twitter Edit Delete Move section Direct effect rethinking a classic of EC legal doctrine more by Annette Schrauwen Publisher Europa Law Pub Netherlands Publication Date Jan 1 2002 Share Facebook Twitter Edit Delete Move section Sink or Swim Together Developments in European Citizenship

    Original URL path: http://uva.academia.edu/AnnetteSchrauwen (2012-11-14)
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  • Madalina Busuioc | Universiteit van Amsterdam - Academia.edu
    Accountability control and independence the case of European agencies more by Madalina Busuioc Publisher Wiley Online Library Publication Date Jan 1 2009 Publication Name European Law Journal Download pdf Quick view Share Facebook Twitter Edit Delete Move section The Scale and Impacts of Money Laundering more by Madalina Busuioc Publisher lavoisier fr Publication Date Jan 1 2007 Share Facebook Twitter Edit Delete Move section Wielders of Supranational Power The Administrative Behaviour of the Heads of European Union Agencies more by Madalina Busuioc More Info Co authored with Martijn Groenleer Publisher regulation upf edu Publication Date Jan 1 2008 Publication Name ECPR Standing Group on Regulatory Download pdf Quick view Share Facebook Twitter Edit Delete Move section Defining Money Laundering more by Madalina Busuioc Publication Date Jan 1 2007 Publication Name Unger 2007 Chapter 2 Share Facebook Twitter Edit Delete Move section Agency Growth Between Autonomy and Accountability The European Police Office as a Living Institution more by Madalina Busuioc More Info Co authored with Deirdre Curtin and Martijn Groenleer Publisher papers ssrn com Publication Date Jan 1 2011 Publication Name Journal of European Public Share Facebook Twitter Edit Delete Move section profile views document views followers Log In Log In

    Original URL path: http://uva.academia.edu/MadalinaBusuioc (2012-11-14)
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  • elaine fahey | Universiteit van Amsterdam - Academia.edu
    Centre for European Law and Governance Post Doc edit Other Affiliations Add Affiliation Research Interests EU Law edit About edit Advisors edit Edit Done Editing profile views followers Log In Log In with Facebook or Email Password Remember me on this computer or reset password Need an account Click here to sign up Reset Password Enter the email address you signed up with and we ll send a reset password

    Original URL path: http://uva.academia.edu/elainefahey (2012-11-14)
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  • Shanta Singh | Universiteit van Amsterdam - Academia.edu
    Other Affiliations Add Affiliation Research Interests Law Public Administration European Law and 6 more EU Law Risk Governance Accountability European Constitutionalism Risk regulation and Executive Politics edit About edit Advisors edit Edit Done Editing profile views followers Log In Log In with Facebook or Email Password Remember me on this computer or reset password Need an account Click here to sign up Reset Password Enter the email address you signed

    Original URL path: http://uva.academia.edu/ShantaSingh (2012-11-14)
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  • edward schotman | Universiteit van Amsterdam - Academia.edu
    and Philosophy Of Law edit About edit Advisors edit Edit Done Editing Papers Totality and infinity An essay on exteriority more by edward schotman Publisher books google com Publication Date Jan 1 1979 Share Facebook Twitter Edit Delete Move section profile views document views followers Log In Log In with Facebook or Email Password Remember me on this computer or reset password Need an account Click here to sign up

    Original URL path: http://uva.academia.edu/edwardschotman (2012-11-14)
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  • Academia.edu - Share research
    Academia edu Find your friends Organizing a transnational hyper mobile workforce in the Dutch construction sector more by Lisa Berntsen Publication Name gre ac uk Download pdf Quick view Share Facebook Twitter Edit Delete Move section Log In Log In with Facebook or Email Password Remember me on this computer or reset password Need an account Click here to sign up Reset Password Enter the email address you signed up

    Original URL path: http://uva.academia.edu/Departments/Amsterdam_Institute_for_Advanced_Labour_Studies/Documents (2012-11-14)
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  • Academia.edu - Share research
    kultural masyarakat Toro ini pada dilemanya sendiri yakni ketika ia menampiikan konstruksi identitas yang bersifat monolitis dan eksklusif Konstruksi semacam ini terejawantah melalui klaim keunikan identitas lokal yang dikukuhkan oleh piagam mitologis penegasan atas kesatuan identitas dan teritori yang restrikstif yang dijastifikasi oleh mitos etnogoni serta melalui konstruksi liyan dalam relasi relasi intra dan inter kornunitas terutama menyangkut kelompok sosial atau konstruksi identitas yang diabaikan dan tidak dipertimbangkan More Info Author Research Interests Political Ecology Anthropology Cultural Politics Conservation Area Central Sulawesi and National Park edit Download pdf Quick view View on repository ipb ac id Share Facebook Twitter Edit Delete Move section Seluk Beluk Masalah Agraria Reforma Agraria dan Penelitian Agraria more by Mohamad Shohibuddin Duduk perkara masalah agraria seperti apa yang hendak dijawab oleh reforma agraria perlu diketahui terlebih dulu secara mendalam Untuk itu penelitian agraria yang cermat sistematis dan mendalam amat diperlukan Buku ini merupakan more Duduk perkara masalah agraria seperti apa yang hendak dijawab oleh reforma agraria perlu diketahui terlebih dulu secara mendalam Untuk itu penelitian agraria yang cermat sistematis dan mendalam amat diperlukan Buku ini merupakan endapan pemikiran Gunawan Wiradi dalam menggulati masalah agraria penelitian agraria dan kebijakan reforma agraria di tanah air sepanjang sekitar setengah abad kehidupan intelektualnya Pergulatan panjang ini membawanya pada satu penegasan bahwa peliknya masalah agraria dan beragamnya tantangan global saat ini justru telah membuat Reforma Agraria sekaligus menjadi lebih sulit dilakukan dan semakin harus dilakukan More Info Editor Research Interests Agrarian Studies edit View on buku e lipi go id Share Facebook Twitter Edit Delete Move section Ranah Studi Agraria Penguasaan Tanah dan Hubungan Agraris more by Mohamad Shohibuddin Studi studi Survei Agro Ekonomi SAE pada dekade 1970an 1980 an berada dalam konteks ketika strategi pembangunan Indonesia berbalik arah dari kebijakan Reforma Agraria yang menekankan pada perubahan struktural menjadi kebijakan more Studi studi Survei Agro Ekonomi SAE pada dekade 1970an 1980 an berada dalam konteks ketika strategi pembangunan Indonesia berbalik arah dari kebijakan Reforma Agraria yang menekankan pada perubahan struktural menjadi kebijakan Revolusi Hijau yang menekankan pada perubahan teknologi Bagaimanakah dampak dari strategi pembangunan ini pada hubungan kerja penguasaan tanah dan pembentukan kelas di pedesaan digambarkan secara rinci dalam buku ini Pengantar yang ditulis oleh Prof Ben White menjelaskan secara jernih di mana posisi studi studi SAE tersebut baik dari segi teoritis dalam konteks perdebatan akademis mengenai tanah tenaga kerja dan pembentukan kelas maupun dari segi kebijakan dalam konteks perdebatan mengenai relevansi land reform dan posisi ilmuwan sosial Indonesia dalam pembangunan pedesaan dan kesejahteraan masyarakat Laporan studi studi SAE tersebut oleh karena itu masih tetap relevan sampai sekarang karena berbagai masalah yang diungkapkannya merupakan masalah kronis dan persisten yang sampai kini pun masih dihadapi oleh bangsa ini More Info Editor Research Interests Agrarian Studies edit View on buku e lipi go id Share Facebook Twitter Edit Delete Move section Metodologi Studi Agraria Karya Terpilih Gunawan Wiradi more by Mohamad Shohibuddin Terbatasnya perangkat konseptual dan metodologi yang memadai untuk memahami aneka ragam krisis agraria dan lingkungan pedesaan di Indonesia selama ini

    Original URL path: http://uva.academia.edu/Departments/Amsterdam_Institute_for_Social_Science_Research/Documents (2012-11-14)
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