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The European Court of Human Rights
\"Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide ‘rights revolution’. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. This book explores the domestic execution of the European Court of Human Rights’ judgments and dissects the variable patterns of implementation within and across states. It also relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, this volume seeks to go beyond the existing, mainly legal and descriptive studies and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.\"
eBook
The European Court of Human Rights: implementing Strasbourg's judgements on domestic policy
An exploration of the effects of European Court of Human Rights judgements on national laws, policies and insitutions.
eBook
Contentieux Européen (2 Volumes)
Le present ouvrage decrit l'architecture juridictionnelle de l'Union europeenne et analyse en profondeur tous les types de recours qui peuvent etre introduits devant les trois juridictions qui composent la Cour de justice de l'Union europeenne (la Cour de justice, le Tribunal et le Tribunal de la fonction publique), sans oublier le role important du juge national dans l'application quotidienne du droit de l'Union europeenne.Si la premiere edition integrait deja les modifications apportees par le Traite de Lisbonne, sa recente entree en vigueur laissait un nombre important de questions en suspens. Cette nouvelle edition permet de repondre a plusieurs d'entre elles (comme l'etendue de la nouvelle possibilite d'agir en annulation pour le particulier sur la base de l'article 263 du traite sur le fonctionnement de l'Union europeenne par exemple). Elle integre egalement les modifications apportees au statut de la Cour de justice et le nouveau reglement de procedure de la Cour entierement refondu en octobre 2012.Comme pour la premiere edition, les auteurs ont par ailleurs adopte une methodologie originale en fondant leur propos et leur analyse sur la jurisprudence produite par les juridictions de la Cour de justice de l'Union europeenne jusqu'au 31 janvier 2014. Ce sont ainsi pres de 1900 decisions de jurisprudence qui sont commentees dans l'ouvrage (soit pres de 600 supplementaires par rapport a la premiere edition). Elles sont inventoriees minutieusement dans un index mis a disposition des praticiens.Les principaux textes de procedure propres aux juridictions europeennes sont quant a eux desormais compiles dans un second volume, permettant ainsi leur utilisation plus aisee par les praticiens.
eBook
A Multilevel Model Examining the Relationships Between Workplace Spirituality, Ethical Climate and Outcomes: A Social Cognitive Theory Perspective
The role and influence of workplace spirituality on individual and organisational outcomes continue to draw attention among management scholars. Despite this increased attention, extant literature has yielded limited insights particularly into the impact and influence processes of workplace spirituality on performance outcomes at both the individual and unit levels of analysis. Addressing this gap in research, we proposed and tested a multilevel model, underpinned by social cognitive theory, that examines the processes linking perceptions of workplace spirituality and performance outcomes at the individual and organisational level of analysis. Data were obtained from 51 branches of a retail organisation in the United Kingdom. Results from structural equation modelling analysis revealed three salient findings. First, workplace spirituality was positively related to ethical climate, prosocial motivation, and moral judgment. Second, ethical climate partially mediated the relationship between workplace spirituality and prosocial motivation and moral judgment, respectively. Third, aggregated ethical climate significantly relates to branch-level helping behaviour and service performance.
Journal Article
Detecting and Attributing Health Burdens to Climate Change
Detection and attribution of health impacts caused by climate change uses formal methods to determine
) whether the occurrence of adverse health outcomes has changed, and
) the extent to which that change could be attributed to climate change. There have been limited efforts to undertake detection and attribution analyses in health.
Our goal was to show a range of approaches for conducting detection and attribution analyses.
Case studies for heatwaves, Lyme disease in Canada, and
emergence in northern Europe highlight evidence that climate change is adversely affecting human health. Changes in rates and geographic distribution of adverse health outcomes were detected, and, in each instance, a proportion of the observed changes could, in our judgment, be attributed to changes in weather patterns associated with climate change.
The results of detection and attribution studies can inform evidence-based risk management to reduce current, and plan for future, changes in health risks associated with climate change. Gaining a better understanding of the size, timing, and distribution of the climate change burden of disease and injury requires reliable long-term data sets, more knowledge about the factors that confound and modify the effects of climate on health, and refinement of analytic techniques for detection and attribution. At the same time, significant advances are possible in the absence of complete data and statistical certainty: there is a place for well-informed judgments, based on understanding of underlying processes and matching of patterns of health, climate, and other determinants of human well-being. https://doi.org/10.1289/EHP1509.
Journal Article
International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe
Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts.
Journal Article
SCIENTIFIC AND SOCIAL VALUE JUDGMENTS FOR ORPHAN DRUGS IN HEALTH TECHNOLOGY ASSESSMENT
Objectives: We explore how broader aspects of a treatment's value and the impact of the condition on patients not captured by routine health technology assessment (HTA) methods using clinical and economic evidence, defined as “other considerations,” may influence HTA processes in different settings. Methods: Countries included were England, Scotland, Sweden, and France. Data sources were the publicly available reports on HTA recommendations. Ten drugs with European Medicines Agency orphan designation and appraised in England were selected. Qualitative thematic analysis was used to systematically identify and code all “other considerations” based on a previously developed methodological framework, which also coded whether it was provided by stakeholders, and how it influenced the decision. Results: A classification framework of scientific and social value judgments was developed and used throughout the study. A total of 125 “other considerations” were identified and grouped into ten subcategories based on the information provided. Eighteen to 100 percent of these, depending on the agency, were put forward as one of the main reasons for the final decision potentially contributing to accepting a higher incremental cost-effectiveness ratio or uncertain evidence. Some of these were nonquantified or nonelicited and pertained to the assessor's judgment. A taxonomy of these value judgments was created to be used in future cases. Results also contributed to better defining the determinants of social value and improving accountability for reasonableness. Conclusions: The systematic identification of the scientific and social value judgments enables to better understanding the dimensions of value, which can be used to improve their transparency and consistent use across decisions and settings.
Journal Article
Predicting Biases in very Highly Educated Samples: Numeracy and Metacognition
We investigated the relations between numeracy and superior judgment and decision making in two large community outreach studies in Holland ( n =5408). In these very highly educated samples (e.g., 30–50% held graduate degrees), the Berlin Numeracy Test was a robust predictor of financial, medical, and metacognitive task performance (i.e., lotteries, intertemporal choice, denominator neglect, and confidence judgments), independent of education, gender, age, and another numeracy assessment. Metacognitive processes partially mediated the link between numeracy and superior performance. More numerate participants performed better because they deliberated more during decision making and more accurately evaluated their judgments (e.g., less overconfidence). Results suggest that well-designed numeracy tests tend to be robust predictors of superior judgment and decision making because they simultaneously assess (1) mathematical competency and (2) metacognitive and self-regulated learning skills.
Journal Article