Fundamental Rights and housing
Friday, 25 January 2013
Dr Padraic Kenna presented his recent publication on the Charter of Fundamental Rights and housing at the Facultés universitaires Saint-Louis, Brussells, Belgium to more than 300 participants in a one day conference on housing rights, "Colloquium georganiseerd door het Steunpunt tot bestrijding van armoede, bestaansonzekerheid en sociale uitsluiting, de Universiteit Antwerpen en de Facultés universitaires Saint-Louis".The chapter “The Charter of Fundamental Rights – Added value to housing rights?” is included in Bernard, N. & Hubeau, B. (eds.) (2013) Recht op wonen: naar een resultaatsverbintenis? - Droit au logement: vers une obligation de résultat?” published by die Keure/la Charte. See http://www.jurisquare.be/nl/book/9789048616992/index.htmlThis chapter considers how the EU Charter of Fundamental Rights could be used by housing rights advocates across the EU. It adds to the limited base of EU generated housing rights by its specific reference to the right to social and housing assistance. However, the enforceability of Charter rights requires an understanding of the place of the Charter within EU law and how it applies to Member States applying their own laws or EU law. Indeed, the Charter only applies where States are implementing EU law – a corpus of law which is broad and growing. Thus, Charter rights can only be engaged in a local court when some other EU measure is involved, but many EU measures impact on housing. European housing rights development must now take place in the context of interactions between the EU Charter, EU law, and national laws and policies. Some recent cases highlight this connection between EU and national laws.
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Law of the Sea Commemoration at the UN
Monday, 7 January 2013
Dr. Ronán Long delivered a paper on dispute settlement and moderated a session at the United Nations – Nippon Foundation Fellowship Programme meeting, which was hosted by the Legal Affairs Division at the United Nations on December 10-12, 2012. The meeting built upon similar capacity building initiatives undertaken previously in Nairobi and Tokyo and coincided with the United Nations General Assembly commemoration of the thirtieth anniversary of the opening for signature of the 1982 United Nations Convention on the Law of the Sea. The School of Law has collaborated with the UN since the inception of the programme by hosting mid-career legal professionals from Bangladesh, Myanmar, Mozambique, Sierra Leone and Guatemala. In his address to the General Assembly, Secretary-General Ban Ki-Moon noted the commitment of the UN to the future growth of capacity building programmes over the coming decade including those hosted by universities in partnership with the Division on Ocean Affairs and the Law of the Sea at the UN.
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Dr. Pech on EU Institutions post-Lisbon
Wednesday, 5 September 2012
Dr. Laurent Pech, Jean Monnet Chair in EU Public Law, has a chapter in a book that's hot off the presses: Ashiagbor, Countoris and Lianos, The European Union after the Treaty of Lisbon (Cambridge University Press, 2012, available here). In his contribution dedicated to the institutional development of the EU post-Lisbon, Dr. Pech argues that the institutional changes introduced by the Treaty of Lisbon, while mostly modest, have consolidated the interdependent and consensual nature of EU governance and more problematically, planted the seeds for a more conflict-prone system by multiplying the number of senior office-holders and enhancing the politicization of the decision-making process.
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Dr. Pech cited by EU Court of Justice
Monday, 18 June 2012
An article by Dr. Laurent Pech, co-written with two other law professors, was cited by one the EU Court of Justice's top legal advisers - Avocate General Cruz Villalón - in Case C-617/10, Åkerberg Fransson . For those interested, the Advocate General's legal opinion is available here.
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Recent publications from staff (June 2012)
Monday, 11 June 2012
Gerard Quinn and Eilionóir Flynn Peer-reviewed article by Prof. Gerard Quinn and Dr. Eilionóir Flynn, Centre for Disabiliity Law and Policy, “Transatlantic borrowings: The past and future of EU non-discrimination law and policy on the grounds of disability” (2012) 60 American Journal of Comparative Law 23. Online version available here:http://bjc.oxfordjournals.org/content/early/2012/01/27/bjc.azr097. Abstract This Paper explores the interrelationship between U.S. and EU disability discrimination law in terms of founding principles, implementation and practice. It addresses the evolution of a “civil rights” model (broadly based on a social construct of disability) which underpins discrimination law in the United States, and its subsequent adaptation in the EU context to fit with a broader European social model. This Paper also examines the role of the UN Convention on the Rights of Persons with Disabilities in furthering the shift from civil rights approaches to locating disability rights within a broader theory of social justice, and the significance of the EU's conclusion of procedures necessary to ratify the Convention. Finally, it offers some perspectives on the future of a transatlantic dialogue on ensuring that people with disabilities are viewed as rights-holders, supported, and enabled to exercise their rights.
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Recent publications from staff
Monday, 20 February 2012
Diarmuid Griffin Peer-reviewed article by Diarmuid Griffin and Ian O'Donnell (UCD), “The Life Sentence and Parole” (2012) The British Journal of Criminology. Online version available here:http://bjc.oxfordjournals.org/content/early/2012/01/27/bjc.azr097. Abstract Taking the life sentence as the new ‘ultimate penalty’ for many countries, this paper explores the factors associated with the release of life-sentence prisoners on parole. The Republic of Ireland is selected as a case study because it is in the unusual position of being influenced by European human rights norms as well as by the Anglo-American drive towards increased punitiveness. As an apparent outlier to both the human rights and punitive approaches, or perhaps as a hybrid of sorts, the relative impact of the two models can be elucidated. The article also provides an example of how small penal systems can be resistant to broader trends and the value of directing the criminological gaze upon countries where it seldom falls. Shivaun Quinlivan Peer-reviewed article by Shivaun Quinlivan, “The United Nations Convention on the Rights of Persons with Disabilities: An Introduction” (2012) (13)(1) ERA Forum. Online version available at:http://www.springerlink.com/content/1612-3093 Abstract The European Union for the first time ratified an international human rights treaty: The United Nations Convention on the Rights of Persons with Disabilities. Such ratification will undoubtedly impact on EU law, and importantly on the position of people with disabilities in Europe and further afield. The Convention has been described as embodying the ‘paradigm shift’, being revolutionary and groundbreaking. This paper will assess the content of the Convention, addressing the innovative general principles, the means of implementation as well the substantive rights contained in the Convention. Laurent Pech Peer-reviewed study by Dr. Laurent Pech, “Rule of Law as a Guiding Principle of the EU’s External Action”, CLEER Working Papers 2012/3, 56 pages. Online version available here: http://www.asser.nl/Default.aspx?site_id=26&level1=14467&level2=14468 Abstract This paper aims to offer a comprehensive overview of how the EU promotes the rule of law abroad and to discuss the EU’s normative effectiveness as an ‘exporter’ of values and principles. It is argued that the EU, when acting as an exporter of values, tends to pay little attention to conceptual issues and largely equates the rule of law with a soft ideal whose content is largely delineated on a case-by-case basis. It is contended, however, that the EU is not exporting a vague or incoherent ideal. In the final part of this paper, the EU’s role as an exporter of values and principles will be examined from two angles: the normative impact of EU rule of law policies and actions at the international level and their effectiveness. Two main points will be made. Firstly, as an international standard-setter, the EU cannot claim great successes but this can be directly linked to an apparent lack of interest in conceptualisation issues and the fact that the EU promotes a conception that is largely consensual amongst the foremost international organisations. Secondly, the EU should consider taking into account the multiple indexes, checklists and other indicators which have been developed to measure and monitor countries’ adherence to the rule of law in order to better identify shortcomings, suggest appropriate reforms and track progress (or lack thereof) in a less impressionistic and uncoordinated manner than is currently the case.
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