Papers by giovanni zaccaroni
This contribution, previously published in the EU law analysis blog, aims at providing a prelimin... more This contribution, previously published in the EU law analysis blog, aims at providing a preliminary analysis of the impact of the recent case law on language discrimination in EPSO competitions. These cases are particularly interesting because 1) they allow speculations on the structure of the equality scrutiny and 2) they challenge the "interest of service" justification, according to which the Institutions can limit their languages to German, English and French.
The question of the use of referenda to confer democratic accountability on international agreeme... more The question of the use of referenda to confer democratic accountability on international agreements is a serious one. This has been true in particular for the history of the European Union, whose process of integration was several times slowed down by the expression of will of people. This difficult relationship seemed up to date when the Lisbon Treaty entered into force (and the trumpets of supranationalism played high and loud) but it is now gaining a renewed force thanks to recent events occurred in the international political situation.
Paper presented at the 2013 EUSA Biennial conference, Baltimore, May 2013.
"This work is devoted in exploring the consequences of the Accession of the European Union to the... more "This work is devoted in exploring the consequences of the Accession of the European Union to the European Convention of Human
Rights after the conclusion of the negotiations between the Council of Europe and the EU on the 22nd of June, 2011. The main focus will
be represented by the relationship between the Court of Justice of the EU and the European Court of Human Rights.
The paper explores the direct and indirect consequences of the Accession, starting from the text of the Draft legal instruments prepared by the
Working Group CDDH-EU. In the last part there will be an attempt to drawn some considerations concerning the future of the relationships between the CJEU and the ECourtHR.
The core of this work has two different concerns: the first one is represented by the solution to the controversial relationships between the two European Courts(the CJEU and the ECourtHR), to which the Draft is devoted through the establishment of a procedure(the corespondent procedure) expressly prepared in order to reduce to a minimum the clashes between the two jurisdictions.
The second, as a corollary of the first one, is the consistency of the protection of human rights throughout Europe without forgetting
the different cultural, political and religious traditions which shaped Europe as we know nowadays.
This work is addressed to stress the importance of the step of the Accession as a fundamental one in the history of the Union. But it is
also maintained that the large amount of power descending from this merger should be used wisely by the judges of the Courts.
In this sense, the conclusion of this work is addressed to explain that the enhancing of the dialogue between the two Courts and the
application of a proper margin of appreciation doctrine could help in initiate a new era in which human rights will be probably
considered as the cornerstone of the European Constitutional Order"
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Papers by giovanni zaccaroni
Rights after the conclusion of the negotiations between the Council of Europe and the EU on the 22nd of June, 2011. The main focus will
be represented by the relationship between the Court of Justice of the EU and the European Court of Human Rights.
The paper explores the direct and indirect consequences of the Accession, starting from the text of the Draft legal instruments prepared by the
Working Group CDDH-EU. In the last part there will be an attempt to drawn some considerations concerning the future of the relationships between the CJEU and the ECourtHR.
The core of this work has two different concerns: the first one is represented by the solution to the controversial relationships between the two European Courts(the CJEU and the ECourtHR), to which the Draft is devoted through the establishment of a procedure(the corespondent procedure) expressly prepared in order to reduce to a minimum the clashes between the two jurisdictions.
The second, as a corollary of the first one, is the consistency of the protection of human rights throughout Europe without forgetting
the different cultural, political and religious traditions which shaped Europe as we know nowadays.
This work is addressed to stress the importance of the step of the Accession as a fundamental one in the history of the Union. But it is
also maintained that the large amount of power descending from this merger should be used wisely by the judges of the Courts.
In this sense, the conclusion of this work is addressed to explain that the enhancing of the dialogue between the two Courts and the
application of a proper margin of appreciation doctrine could help in initiate a new era in which human rights will be probably
considered as the cornerstone of the European Constitutional Order"
Rights after the conclusion of the negotiations between the Council of Europe and the EU on the 22nd of June, 2011. The main focus will
be represented by the relationship between the Court of Justice of the EU and the European Court of Human Rights.
The paper explores the direct and indirect consequences of the Accession, starting from the text of the Draft legal instruments prepared by the
Working Group CDDH-EU. In the last part there will be an attempt to drawn some considerations concerning the future of the relationships between the CJEU and the ECourtHR.
The core of this work has two different concerns: the first one is represented by the solution to the controversial relationships between the two European Courts(the CJEU and the ECourtHR), to which the Draft is devoted through the establishment of a procedure(the corespondent procedure) expressly prepared in order to reduce to a minimum the clashes between the two jurisdictions.
The second, as a corollary of the first one, is the consistency of the protection of human rights throughout Europe without forgetting
the different cultural, political and religious traditions which shaped Europe as we know nowadays.
This work is addressed to stress the importance of the step of the Accession as a fundamental one in the history of the Union. But it is
also maintained that the large amount of power descending from this merger should be used wisely by the judges of the Courts.
In this sense, the conclusion of this work is addressed to explain that the enhancing of the dialogue between the two Courts and the
application of a proper margin of appreciation doctrine could help in initiate a new era in which human rights will be probably
considered as the cornerstone of the European Constitutional Order"