Now showing 1 - 10 of 13
- PublicationLa Cour européenne des droits de l'homme et le droit de l'Union européenne, notamment la Charte des droits fondamentaux : une gestion subtile entre ajustements systémiques et enrichissements mutuels(University College Dublin. School of Law, 2012)Alors que les négociations d’adhésion de l’Union européenne (UE) à la Convention européenne des droits de l'homme (CEDH ou Convention) sont en cours à la suite de réformes significatives de chacun des ordres juridiques européens, nombreux sont déjà les points de contact entre ceux‐ci. On est bien loin du 'silence' des Traités communautaires sur les droits fondamentaux et de l'apparente étanchéité entre les deux systèmes. S'ils sont encore, jusquʹà l'adhésion, autonomes et séparés d'un point de vue institutionnel, les ordres juridiques européens n’ont pas évolué en vase clos. La question de l’interaction entre le droit de la CEDH et celui de l'UE est connue. Elle a donné lieu, et donne encore lieu avec la perspective de l’arrimage d’un système à l'autre, à une abondante littérature.
- PublicationPaving the Way : Adjustments of Systems and Mutual Influences between the European Court of Human Rights and European Union Law before Accession(University College Dublin. School of Law, 2014)The negotiations on accession of the EU to the ECHR successfully ended on April 5, 2013. While they remain, until accession, autonomous and separate from an institutional point of view, the two European legal orders have not developed in isolation. Just as the CJEU has done vis-à-vis the Strasbourg system, the ECtHR has had to take into account the law emanating from the EU. Accession is admittedly viewed as a simplification, or at least a standardisation, of the relationship between the two European systems and the two courts. However, the pressure put on the ECtHR in this regard must not be overlooked. Having implicitly assumed a leading role in the management of the interaction of the two systems and the interdependence of the two bodies of case law before accession, the ECtHR will formally inherit that responsibility thereafter. This article seeks to contribute to the extensive literature on accession by assessing the case law on the relationship between the ECtHR and EU law prior to accession. In particular, taking stock of the reasoning of the ECtHR helps our understanding of how the court has paved the way for accession and how its EU-related case law is relevant for the further development of the European public order postaccession.
- PublicationConstitutional Law in France (International Encyclopaedia of Laws)This Part provides a vignette of French constitutional history as well as some significant features of the current regime, including information on the State and its territory, as well as up-to-date data on population and demographics.
- PublicationThe Implications of the 'No' Vote in France: Making the Most of a Wasted Opportunity(Brill Academic, 2008)On 29th May 2005, French citizens were asked the following question: "Approuvez-vous le projet de loi qui autorise la ratification du traité établissant une Constitution pour l’Europe?" (Do you approve of the Bill authorizing the ratification of the Treaty establishing a Constitution for Europe?). When French people cast their vote, nine Member States representing nearly half the people of the European Union (EU) had already decided, by parliamentary or referendum method, to ratify the Treaty establishing a Constitution for Europe (hereby, the Constitutional Treaty). France was the second Member State to ratify by referendum after Spain where approval of the Constitutional Treaty was massive – but turnout low. 54.67% of French voters answered "non" and hence rejected the Constitutional Treaty, even though France was one of the major proponents of the Convention on the Future of Europe which led to the drafting of the Constitutional Treaty.
- PublicationEuropeanization and Constitutionalization: The Challenging Impact of a Double Transformative Process on French Law(Oxford University Press, 2010)The European construction in its widest sense, whether referring to the integration of the European Union (EU) or the development of the European Convention on Human Rights (ECHR) system, has given rise to interesting processes, namely a process of Europeanization and a process of constitutionalization. Europeanization is an encompassing concept used in political science where the literature on European integration increasingly employs the notion to assess the European sources of domestic politics. It generally refers to a process taking place at, or affecting, the national level whereby domestic adaptation and changes are required by European integration including, in its broadest sense, the legal aspects of the changes. Europeanization thus encompasses Europeanization of law. Europeanization should not be limited to the EU context as Europeanization is more than just EU-ization and can refer to the impact of other institutions or systems which are highly intertwined with the EU in terms of organization and even identity, such as the Council of Europe in the area of human rights. Europeanization also embraces the parallel influence of ECHR law.
- PublicationSophie Boyron, The Constitution of France: A Contextual Analysis(University College Dublin, School of Law, 2014)The Constitution of France is a welcome addition to the Hart Series on Constitutional Systems of the World. The Series provides up-to-date introductions to the major constitutional systems describing not only the current constitutional rules and structures, but also setting them in their historical and cultural context. This book is written by one of the leading experts in French constitutional law who draws on her line of substantial publications in the area. Boyron offers timely analysis on the seemingly ever sui generis French constitutional system which has undergone significant transformations in the last few years. The object of the book is the current Constitution enacted in 1958 ‘portrayed by [Boyron] as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries’. Two main leads are developed in this regard – one explaining what the current Constitution has achieved in the context of the overall French constitutional history, and the other explaining what the Constitution has achieved in terms of its own existence since 1958, with the significance of the 2008 constitutional reform emphasised throughout.
- PublicationLegal Education in Ireland: A Paradigm Shift to the Practical?Irish legal education is under increasing pressure to reform and reinvent itself in the face of various challenges, especially those implied by the Bologna process. In line with two of the main priorities of the process, namely employability and student-centred learning, a growing number of Irish law faculties have incorporated, or are planning to incorporate, more practice-related components into the law curriculum and, in some cases, a fully fledged Clinical Legal Education programme. This is an important shift in the paradigm of legal education in Ireland which should be welcomed and encouraged by all stakeholders – students, academics, practitioners, judges and those involved in myriad capacities in the administration of justice. In the first part, a comprehensive presentation is given about the general structure of legal education in Ireland dealing with the main legal education providers, academic and professional requirements for legal training, as well as figures on the legal population and the approximate cost of legal education. The second part goes on to consider three views about the role of practice in Irish legal education, namely the 'traditional' view, the 'holistic' view and the 'clinical' view. These schematically presented views reflect different perspectives on the nature and purpose of legal education. They do not necessarily compete with each other, especially the last two which could arguably complement one another in the general renewal that Irish legal education is facing at the moment. The traditional view is that the status quo, i.e., in which practical elements are not a big feature of legal education at third level, has worked well and should, more or less, be preserved. The holistic view encourages the teaching of some element of practical preparation, but that this can best be provided to students by third level institutions through interdisciplinary courses that put law in context.
- PublicationPopular Sovereignty and the Use of the Referendum – Comparative Perspectives with Reference to France(Bloomsbury Professional, 2012)Constitutions are bound to evolve. A constitution which cannot change or adapt does not serve effectively its purpose since the values and principles it is based upon need to be 'brought to life' through interpretation, application and incremental revisions: in sum, a successful 'living constitution' has a past, present and future. In this regard, it is remarkable to observe how the Irish and French Constitutions have survived through time as two of the most enduring constitutions in Europe without either becoming a mere 'petrified object of devotion'.
- PublicationThe Comparative Method in Legal Research: The Art of Justifying Choices(Clarus Press, 2016-06)Comparative law is a thriving area in the study of t he law which has attracted, in the last decades, a growing interest in legal scholarship and legal edu cation. The expanding literature published in quality specialised outlets as well as a steadfast nu mber of research events organised by universities, research institutes and other numerous organisations all attest the phenomenon. It is difficult to find an academic law curriculum which does not comprise a course in comparative law in some form, whether as an introductory course in the first years of study, or as a more substantial course at a later stage. A comparative perspective may also be embedded, in a more or less systematic way, in the study of the different subjects of law (i.e. contract law, commercial law, constitutional law, family law, procedural law...). Comparative legal studies are also increasingly being pursued at doctoral level. In a sense, ‘we are all comparatists now’, or bound to be.