Impact of the European Court of Human Rights on the Rule of Law in Central and Eastern Europe

Černič, Jernej Letnar

doi:10.1007/s40803-018-0074-5

Cited by 7 publications

(8 citation statements)

References 22 publications

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“…Given the above analysis, several proposals can be submitted for the reform of risk management of CoI in CEE. Previous research has shown that the Slovenian constitutional democracy has been taken over by spiderwebs of informal and political networks, some of them connected to the past regimes (Avbelj 2018a;Avbelj & Letnar Černič, 2020;Letnar Černič 2018;Letnar Černič et al, 2018;Avbelj, 2018b). Our research has established that respective countries have in the last two decades introduced strong normative frameworks and underpinnings of Col.…”

Section: Croatian and Comparative Public Administrationmentioning

confidence: 51%

“…On the other hand, these doctrinal developments as well as top-down Europeanisation contribute to convergences in the public administration regardless of individual traditions and their persistence (Hammerschmid et al, 2016;Kovač & Bileišis, 2017. For Slovenia, Kovač, 2016Letnar Černič, 2018). Namely, individual models have shown various benefits but also weaknesses.…”

Section: Role Of Administrators and Their Interests In Public Governa...mentioning

confidence: 99%

“…The rule of law (RoL) de iure reforms appear to have been mostly successful, however they have been only partially implemented in practice (Kuhelj & Bugarič, 2016;Blokker, 2015;Letnar Černič, 2018;Avbelj, 2018a;2018b). As a result, the institutional life in Central and Eastern Europe (CEE) has in the last three decades after democratisation suffered from weak rule of law, weak institutions, including a weak judiciary, resulting in the lack of trust in institutions.…”

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confidence: 99%

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Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia

Černič

Kovač

2022

HKJU-CCPA

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Prohibition of conflict of interest prevents abuses of the rule of law in modern constitutional democracies. As a result, is ensures that persons working in state institutions do not use their posts and functions for private gain. The experience from Central and Eastern Europe (CEE) illustrates that state authorities have in the past faced challenges in how to internalise the prohibition of conflict of interest. Literature from CEE on the prohibition of conflict of interest has been scarse. Consequently, this paper aims to address this gap by examining the experience of the Slovenian state in coping with the risks arising from conflict of interest. It discusses and analyses on one hand theoretical and normative underpinnings of the prohibition of conflict of interest in the Slovenian, European and international frameworks. On the other hand, it examines the recent practice of administrative and judicial bodies concerning the prohibition of conflict of interest. It finds that normative frameworks in the Slovenian constitutional framework have been reformed in recent years. Nonetheless, there is still a risk of potential and actual conflict of interest for the implementation of the rule of law in state institutions. The normative prohibition appears not to have been fully internalised in the practice of state institutions. As a result, the authors submit that state institutions should not turn a blind eye to the risk of conflict of interest in order to show willingness to strengthen the rule of law in the Slovenian constitutional democracy. The Slovenian normative and empirical experience shows lessons that can be taken up in the constitutional democracies of Central and Eastern Europe experiencing similar challenges.

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Section: Croatian and Comparative Public Administrationmentioning

confidence: 51%

Section: Role Of Administrators and Their Interests In Public Governa...mentioning

confidence: 99%

mentioning

confidence: 99%

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Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia

Černič

Kovač

2022

HKJU-CCPA

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“…24 Due to the absence of specific constitutional provisions and provisions within the Convention acknowledging children's rights, these rights are largely "invisible". 25 It is of no surprise that children rarely have a status of applicant before the EC-tHR. 26 Judgement The scope of the Article 35 is to promote and establish the subsidiarity of the ECtHR case law to national law.…”

Section: Methodological Attributes and Conceptualisation Of The Resea...mentioning

confidence: 99%

Strengthening the Rights of Sexually Abused Children in Front of the European Court for Human Rights: a Tale of Justice, Fairness and Constant Normative Evolution

Rittossa

2020

EU and Comparative Law Issues and Challenges Series

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In recent years, numerous studies have focused at the phenomenon of child sexual abuse (hereinafter, the CSA) offering valid conclusions about its phenomenological structures, etiological causes and impact on victims and society as a whole. Although the bulk of research has furthered our understanding of different aspects of CSA, scientific work that would focus on child victims' rights from constitutional and criminal law perspective is still scarce. Seeking to fill the noted gap, the author presents the first academic study on standards for protection of sexually abused children's rights set by the European Court for Human Rights (hereinafter, the ECtHR or the Court). Relaying on Faye Jacobsen set of blended methodologies, 10 judgments related to protection of rights of sexually victimised children are retrieved from the HUDOC system and analysed in detail. A special attention has been paid to safeguards and guarantees under the Article 3 and 8 of the Convention as well as their critical evaluation with respect to already established constitutional legal solutions. The qualitative analysis has revealed that judicial activism in the Strasbourg Court case law has been for years a driving force to enhance the protection of sexually abused children, and that today, this protection has significantly evolved, forming a concept of particularly vulnerable victims and child-sensitive approach within the context of child friendly justice. Although the evolutive line of the scope and content of CSA protection standards created by the Court can be noted, judicial reasoning techniques behind their development are susceptible to criticism.

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“…I). This requires certain standards of the rule of law, such as producing independent and impartial courts (Letnar Černič, 2018;Pabijanek, 2022).…”

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confidence: 99%

When norms clash

McGee

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This thesis would not be possible without the strong support of my three supervisors, first supervisor Prof. Mathieu Segers✝, second supervisor Asst. Prof. Ferenc Laczó, and third (external) supervisor Prof. Haroon Sheikh. I would also like to express my heartfelt thanks to Prof. John Parkinson for agreeing to fulfil the role of my first supervisor in the wake of Prof. Mathieu Segers' passing. I sincerely thank my first and second supervisors for their stellar attention to detail, endless well of ideas, and valuable insights during our monthly meetings. Asst. Prof. Laczó, your keen eye was integral to the betterment of my work, and I left our meetings in awe of your intelligence and vast knowledge. I also left these meetings with many new edits to implement! Prof. Segers, your extensive knowledge in all topics EUrope was invaluable to my time as a PhD as was your kindness, openness, dedication to academic freedom, and uncanny ability to elevate my spirits after even brief chats. May you rest in peace. Prof. Sheikh, I sincerely appreciate your mentorship and guidance during my nine months at the Wetenschappelijke Raad voor het Regeringsbeleid (WRR). I always felt like a core member of the team and was able to use my skills and competencies in a way that made valuable use of my limited time. My research was also made possible thanks to my amazing interviewees who, despite the challenging circumstances of the COVID-19 pandemic, government repression, and their challenges and responsibilities, made themselves available to share their lived experiences and knowledge with me. Thank you for giving me some of your very precious time, often offering to meet me in the evenings and on weekends as you were extremely busy. I thank my reviewers, who are also my opponents for the defence. Your comments were enlightening and challenging. They helped me improve the quality of my work and invited me to rethink my claims, expound upon my findings, and expand my thinking. For their support with translations and interviews, I would like to thank Julia Walczyk, Julia Kanert, and Jan D. Meijer. Next, I would also like to thank all of those who made my research possible from a financial and administrative point of view, such as the European Union, whose funding under the Horizon 2020 research and innovation programme (under the Marie Skłodowska-Curie grant agreement No 847596) was integral to my ability to carry out and disseminate my research. The Faculty of Arts and Social Sciences (FASoS) at Maastricht University must also be thanked for the financial support to carry out my work, attend conferences, and disseminate my research. Of course, I also thank the History Department and the Politics and Culture and Europe (PCE) Research Cluster for always being supportive and providing a space to discuss my research, gain feedback, and share interesting vii developments in related fields. Thank you so much to LIMES and graduate school staff who provided extensive organisational, financial, academic, and training support, such as Yleen

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Impact of the European Court of Human Rights on the Rule of Law in Central and Eastern Europe

Cited by 7 publications

References 22 publications

Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia

Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia

Strengthening the Rights of Sexually Abused Children in Front of the European Court for Human Rights: a Tale of Justice, Fairness and Constant Normative Evolution

When norms clash

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