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Solving Europe’s Binary Human Rights Puzzle. The Interaction between Supranational Courts as a Parameter of European Governance
European Union, Europeanization, Governance, Human rights, Justice, Western Europe, Questions de recherche
As the European Union has become ever more powerful in terms of political output, it has also turned out to be a potential source of human rights violations. While national governments have disagreed on setting up consequential control mechanisms for several decades, the European Court of Justice and the European Court of Human Rights pre-empted intergovernmental choice. The European courts’ paths unexpectedly crossed when they were both impelled to work out a way to deal with a twofold human rights conundrum situated at the EU level. Turbulent interaction between Europe’s two supranational courts has not only led to a relative improvement of the protection of human rights, but has also deeply transformed the course of European integration. The courts’ increasingly nested linkage has given rise to new forms of supranational judicial diplomacy between European judges. As a result of their evolving relationship, which is simultaneously underpinned by competitive and cooperative logics, the traditional opposition between an “economic Europe” and a “human rights Europe” has been overcome and the EU’s accession to the European Convention on Human Rights is high on the political agenda. Yet, this process of integration through human rights remains a fragile and incomplete endeavour. Just as in co-operative binary puzzles where two players must solve the game together and where both lose as one of them tries to win over the other, solving Europe’s binary human rights puzzle has required of European judges a new way of thinking in which it’s not the institutions, but their linkage that matters.
Collective mobilizations, Disasters, Energy / Natural resources, Environment, Governance, Japan, Political order, Risks, Les dossiers du CERI
Governance, Latin America and the Caribbean, Markets / Finance, Political economy, Politics / Political Systems, Regional integration, Les études du CERI
Armenia, Azerbaijan, Belarus, Caucasus / Central Asia, Central and Eastern Europe, Georgia, Governance, Kazakhstan, Kyrgyzstan, Markets / Finance, Moldova, Political economy, Politics / Political Systems, Regional integration, Russian Federation, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Les études du CERI
Albania, Bosnia and Herzegovina, Bulgaria, Central and Eastern Europe, Croatia, Czech Republic, Estonia, Governance, Hungary, Latvia, Lithuania, Macedonia, Markets / Finance, Montenegro, Poland, Political economy, Politics / Political Systems, Regional integration, Romania, Serbia, Slovakia, Slovenia, Les études du CERI
Central and Eastern Europe, Croatia, Czech Republic, Governance, Markets / Finance, Political economy, Politics / Political Systems, Regional integration, Russian Federation, Serbia, Slovakia, Slovenia, Ukraine, Les études du CERI
Bulgaria, Central and Eastern Europe, Estonia, Governance, Hungary, Latvia, Lithuania, Markets / Finance, Poland, Political economy, Politics / Political Systems, Regional integration, Romania, Les études du CERI
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Governance, Morocco, NGOs / Civil society, Norms, North Africa, Politics / Political Systems, Poverty, State, Les études du CERI
In Morocco describing an activity as having a « participative » character vests it with all the virtues of civil society and implies it is a panacea. The launch in 2005 of the National Initiative for Human Development (NIHD), a program calling for the mobilization of everyone in the fight against poverty, can be considered a symbol of this « participation phenomenon ». By analyzing its norms and styles of action on which they are based it is possible to discover the internal logic of the participatory phenomenon and to see how it shapes politics. The promotion of certain styles of action, those combining the virtues of civil society with the technical support of participative policies, transforms the criteria of legitimation. Also, the moral values ascribed to participation justify the violation of other social norms, both economic and political, which have nothing to do with participation. Such an approach, developed here on the basis of the INDH at El Hajeb, brings to light the complex ideology on which the subject of participation is based as well as its active and creative role in the political configurations which draw their legitimacy from the value placed on participation.
The ratification of the Lisbon Treaty was, in the words of Jose Manuel Barroso, “an obstacle marathon”. Its entry into force marks the end of the debate over the future of Europe begun in December 2000 at the Council of Europe in Nice. Based on an analysis of this sequence of events the authors offer a diagnosis of the crisis of legitimacy gripping the European Union. They consider that the increase in certain forms of Euroskepticism is a result of the crisis of legitimacy and propose that it be addressed by the politicization of the European political system. This politicization would permit citizens to influence the political orientation of the European Union both in terms of substance and legislative process. Several avenues are available to encourage s pour fig 1b.jpg uch politicization, relating both to institutional practices and to the conduct of political actors.