From Objectives to Obligations – Verfassungsblog – Go Health Pro

From Objectives to Obligations – Verfassungsblog – Go Health Pro

Unpacking Key ICJ Questions on Climate Obligations On December 13, 2024, the International Court of Justice (ICJ) concluded the hearings of the advisory proceedings on State obligations in respect of Climate Change. During the two weeks of the hearings, 96 States and 11 international organizations presented oral arguments before the Court in The Hague. On … Read more

The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises? – EJIL: Talk! – Go Health Pro

The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises? – EJIL: Talk! – Go Health Pro

Within the legal context of the European Union, the group of so-called due process – or procedural – rights are safeguarded by Title VI (‘Justice’) of the Charter of Fundamental Rights of the European Union (CFREU). These provisions capture the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), principles of legality and proportionality of criminal offences and penalties (Article 49), as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence (Article 50). Not only are these procedural rights important for the proper functioning of the European Union’s internal market and of the EU’s Area of Freedom, Security and Justice (AFSJ), but they also create effective safeguards for the enforcement of all other substantive rights captured by the CFREU.

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States’ International Obligation(s) to Repeal Domestic Legislations Incompatible with the European Convention on Human Rights – EJIL: Talk! – Go Health Pro

The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises? – EJIL: Talk! – Go Health Pro

On 22 October 2024 the European Court of Human Rights (ECtHR or ‘the Court’) issued a landmark judgment in the case of Kobaliya and Others v. Russia. It found that the Russian legislation on ‘foreign agents’ – imposing huge restrictions on the rights of Russian non-governmental organisations, media organisations and individuals designated as ‘foreign agents’ … Read more

Deuce. The Hague Court of Appeal in Milieudefensie v Shell on imposing emission reduction obligations on private corporations. (Guest blog by Quinten Jacobs). – Go Health Pro

Deuce. The Hague Court of Appeal in Milieudefensie v Shell on imposing emission reduction obligations on private corporations. (Guest blog by Quinten Jacobs). – Go Health Pro

I know I have Tweeted that I would add my tuppence on the Court of Appeal at The Hague on Wednesday reversing (English translation of the Court of Appeal here) the first instance judgment in Milieudefensie v Shell. That judgment had imposed CO2 reduction emissions targets on Shell. (In my post on the first instance … Read more

Third State obligations in the ICJ Advisory Opinion – Verfassungsblog – Go Health Pro

Third State obligations in the ICJ Advisory Opinion – Verfassungsblog – Go Health Pro

Implications for the United Kingdom and Cyprus On 2 September 2024, the United Kingdom Foreign Secretary David Lammy faced a series of questions in Parliament on the UK’s arms and surveillance support to Israel through its military bases in Cyprus. Referring to the recent decisions by the International Court of Justice (ICJ or Court), the … Read more

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