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COMMENTS 

What the people of Nagorno-Karabakh think about the future of their homeland

The disputed territory of Nagorno-Karabakah has been caught in a tug-of-war between Armenia and Azerbaijan for decades. Internationally recognised as part of Azerbaijan, it’s home to an estimated 120,000 people, primarily ethnic Armenians, who want to separate from Azerbaijan. It’s been a de facto independent state since a fragile ceasefire was brokered in 1994, and low-level violence has flared up every spring ever since.
3 May 2016
Kristin M. Bakke
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Starts: May 3, 2016 12:00:00 AM

Migration, the lightning rod of the EU referendum

The EU-Turkey deal should have no role in the Brexit debate, yet it brings the crucial question of the European Union and migration into focus at an inopportune time.
14 April 2016
Uta Staiger
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Starts: Apr 14, 2016 12:00:00 AM

Unsettling times for a settled population? Polish perspectives on Brexit

Many Poles have lived, worked, and settled in the UK for up to 12 years now. Anne White, Professor of Polish Studies at the UCL School of Slavonic and East European Studies, says it’s no longer so easy for them to pick up and leave.
14 April 2016
Anne White
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Starts: Apr 14, 2016 12:00:00 AM

Dean Spielmann: Whither the margin of appreciation?

Publication date: Nov 13, 2013 04:48 PM

Start: Mar 20, 2014 12:00 AM

20 March 2014
This lecture by the current President of the European Court of Human Rights on a key issue in European human rights jurisprudence will be chaired by The Rt Hon The Lord Neuberger.


When:

20 March 2014

6.00-7.00pm

Where:

UCL Laws

Registration

 

Chaired by The Rt Hon The Lord Neuberger
Current Legal Problems Lecture Series 2013-14
UCL Faculty of Laws

Academic or general interest in this topic? See our related online resource collection!

Abstract: The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides the European Court in its examination of the complaints raised under many, but not all, provisions of the Convention and its Protocols. It makes for a body of human rights law that accepts pluralism over uniformity, as long as the fundamental guarantees are effectively observed. Alongside its normative function, the doctrine pursues what may be termed a systemic objective. It devolves a large measure of responsibility for scrutinising the acts or omissions of national authorities to the national courts, placing them in their natural, primary role in the protection of human rights. It is therefore neither a gift nor a concession, but more an incentive to the domestic judge to conduct the necessary Convention review, realising in this way the principle of subsidiarity. Protocol No. 15, adopted in May 2013 and currently in the process of ratification by the 47 Contracting Parties, will add to the Preamble of the Convention references to both the margin of appreciation and subsidiarity. What are the implications of this reform for the Strasbourg Court? And for national courts?


Biography: Dean Spielmann studied at the Catholic University of Louvain (Belgium) and Fitzwilliam College, Cambridge (United Kingdom). He became a member of the Luxembourg Bar in 1989. As a lawyer he worked in various fields, including administrative law, civil and criminal law and human rights law. He acted as Counsel in a number of cases before the Commission and Court of Human Rights in Strasbourg. He was also a member of the Bar Council and the Disciplinary and Administrative Council of the Legal Profession, as well as sitting on various committees of the Council of Bars and Law Societies of Europe (CCBE).