This article re-examines the concept of Normative Power. It is viewed here not merely as an abstract concept, but also as part of a complex historical, socio-political and economic context, examined through the prism of non-Europeans, in our case Israelis. By analysing the dominant Israeli approaches towards the EU and its normative apparatus, this article aspires to depict the multifarious and concrete perceptions of Normative Power Europe and to contrast these perceptions with the EU self-perceived and self-portrayed normative view. Copyright (c) 2010 The Author(s). Journal compilation (c) 2010 Blackwell Publishing Ltd.
On December 29, 2009, the Israeli Supreme Court, sitting as the High Court of Justice, delivered its judgment inAbu Safiya v. The Minister of Defense,annulling an order issued by an Israeli Military Commander, which completely barred Palestinians from travelling on Route 443, a major road in the West Bank. This note criticizes theAbu Safiyajudgment as indicative, notwithstanding its specific outcome, of the Supreme Court's ongoing willingness to expand theratione materiaeandratione personaeof occupation law and to allow the military authorities to protect the interests of Israelis in the West Bank, even at the expense of the stronger rights conferred upon the local Palestinian population by thelex specialis—the laws of belligerent occupation.
Adopting legal–normative and political–governance perspectives, this article reviews the growing formal and informal relations that are developing between the EU and the ECHR human rights regimes, with a view to analysing the various reasons why the Luxembourg Court should rely on the Strasbourg Regime and on its jurisprudence in a more explicit, coherent, systematic and comprehensive manner. The article contends that such greater reliance may bring the EU abundant benefits in terms of enhanced and more coherent European human rights protection, reduced normative and jurisdictional tensions and resultant enhanced legitimacy, fairness, predictability, social and judicial acceptance and effet utile of the ECJ’s judgments. The article concludes that further desirable results of such a course of action would be improved and more harmonious relations with the EU Member States, the ECHR Members and the ECHR itself, and enhanced cohesive identity, internal and external legitimacy and global leadership.
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