FLAUSS , The influence of the European Convention on Human Rights on third States , Brussels, Bruylant (coll. "Law and Justice"), 2002.164 p.
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J ean-François Flauss, professor at the University of Lausanne, brought together in a small book the conference proceedings held on 8 June 2001 by the International Institute of Human Rights on the influence of the Convention on the States third. In his conclusive contribution, there are two methods. One, given by those States not party to the Convention, is nonetheless contingent and circumstantial: adherence to the values of the Convention is not binding on the Court's case law. The other, forced, takes the path of reservations by States parties on the occasion of conditional extradition of suspects to third countries. These, in order to remove these people to a situation of impunity, are obliged to comply punctually with certain provisions of the Convention. Other contributions, brief but searched, to measure the value of this distinction when it comes to assessing the influence of the Convention outside its walls. Upon reading, the influence of the Convention on the States of colonization appears mixed. However, it seems to be a privileged reference for the countries of the East. The former colonial dependencies of continental European countries remained away from the influence of the Convention finds Fausto Quadro, a professor at the law faculty of the University of Lisbon. Such is not the case of Commonwealth countries said William A. Schabas, director of the "Irish Centre for Human Rights." According to this author, the courts of the former British colonies are inspired more of the European Convention, for two reasons: firstly, in their independence, the United Kingdom promoted or imposed declarations of fundamental rights inspired by the European text in the Constitutions of his former "dominion"; secondly, sophisticated Strasbourg jurisprudence has since provided a convenient reference, in comparative law, for judges seeking international authoritative decisions. James S. Read, honorary professor of public law at the University of London adds a third reason. The judgments of the Privy Council of the Queen, the judicial committee always the final court of appeal of former British colonies, have helped sustain the influence of the Convention on the supreme judges of Commonwealth countries recognizing the National Courts substantial margin of discretion. Stressing in respect of third countries the decisions of the European Court can only be persuasive without binding authority, particularly because of the diversity of circumstances, the Privy Council of the Queen has given the Convention the necessary plasticity its appropriation by countries also open to non-European legal traditions.
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The influence of the Convention on the former communist countries is considerably greater. Jiri Malenovski, Judge of the Constitutional Court of the Czech Republic, explains why. Hastened to turn the page, the politicians who came to power have sought a framework could facilitate the emergence of democracy in their country. Membership in the Council of Europe and ratification of the Convention and formed a political program that the countries of East and Eastern Europe have sought to rapidly implement, even if their domestic legal systems, despite sustained adaptation measures remain still full of inherited from the communist era and provisions are not fully compatible with the Convention. The spontaneous support of former communist countries to democratic principles protected by the Strasbourg judges was not without influence on the implementation by the international community of the constitutional system of Bosnia and Herzegovina, including Louis Favoreu is vice-chair. Written by a group of American experts but also Bosniak, Serb and Croat after the Dayton treaty, the Constitution makes explicit reference to the European Convention on Human Rights and its Protocols. The rights and freedoms defined therein shall apply accordingly directly in Bosnia and Herzegovina. They take precedence over any other law. These provisions prior protective, however, face legal practices inherited from the communist period, causing substantial litigation before the Constitutional Court. Given the difficulties of the latter to impose its decisions, Louis Favoreu, committed observer, is careful not to conclude successful experience when questioned whether the establishment of such a legal and constitutional system by the community is likely to make international school. This nuanced appreciation or restraint, forced contribution of the Convention to the appeasement of the Bosnian conflict becomes fully apparent today. The drafters of the future Iraqi constitution must be wary of such a legal voluntarism, otherwise the imposition of rights and freedoms in this country ravaged by three decades of dictatorship and three major conflicts will be illusory and short-lived. As highlighted Luzius Wildhaber, President of the Court, it is primarily the quality of jurisprudence and the effectiveness of its legal system that the European Convention on Human Rights should influence third countries. The interest of this little book is to remind us clearly and asked how.
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This compilation of contributions from a symposium held in November 2000 in Rennes is a tour of doubly rich horizon: first, by the diversity of subjects and secondly, by its interdisciplinary approach. Indeed, these are lawyers, economists, managers, sociologists and political scientists that deal very differently topics relating to competition and public services. The basic concepts and theories, as well as potential prospects and developments are the subject of their study.
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The authors agree that public services will remain or not remain indifferent to the influence of rules or effects of competition, but also marking the limits of this process. Community pulse on the liberalization of certain traditionally public sectors and the emergence of a "Community public interest" are emphasized as drivers. In addition, the influence more discreet competition in public services is reflected: this is particularly the case instead of increasing importance of information and its dissemination via ICT within local communities. She also seems to have an effect on the relationship between the administration and the user / consumer / citizen. This book opens lines of inquiry to pursue.
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