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COMMENTS 

From Indyref to Indignados: how passions and politics mix

As Scotland heads to the polls, this piece discusses the extent to which emotions have arrived at the heart of contemporary politics – yet we still hesitate to admit it. Emotions can neither be banished nor ignored when we discuss what constitutes political communities, how political decisions should be made and political action springs into being. Yet to embrace the rise of emotional politics without acknowledging how intimately it is and should be entangled with reason equally risks undermining just political action.
Dr Uta Staiger
18 September 2014
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Starts: Sep 18, 2014 12:00:00 AM

10 things you need to know about what will happen if Scotland votes yes

As the Scottish independence referendum draws closer the outcome is hard to predict. Both Westminster politicians and the wider public are asking what – in practical terms – would happen if the Scots were to vote Yes. Robert Hazell offers a 10-point overview of what the road to independence might look like.
Professor Robert Hazell
9 September 2014
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Starts: Sep 9, 2014 12:00:00 AM

The truth is, Scandinavia is neither heaven nor hell

The Nordic countries have received exceptionally good press in the UK - at least until earlier this year, when British travel writer and resident of Denmark, Michael Booth, claimed to dispel the of Scandinavia as the perfect place to live. Many are now confused. Is everything we believed about the social ideals of Sweden, Denmark, Norway and Finland a lie? Well, not entirely but we’re not all drunk serial killers either.
Dr Jakob Stougaard-Nielsen
19 August 2014 More...

Starts: Sep 8, 2014 12:00:00 AM

Dean Spielmann: Whither the margin of appreciation?

Publication date: Nov 13, 2013 4:48:03 PM

Start: Mar 20, 2014 12:00:00 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).