Monitoring Fundamental Rights in the EU: The Contribution of by Philip Alston, Olivier De Schutter

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By Philip Alston, Olivier De Schutter

Coherent legislation enforced via a government are a part of the explanation why human rights safeguard works on the nationwide point in Europe. but if it involves the european those dimensions are missing. the current approach for shielding basic rights emerged on an advert hoc foundation. within the subsequent couple of years, even if, this example is probably going to alter very considerably. The proposed ecu structure contains the ecu constitution of basic Rights, and a really good ecu basic Rights employer may be demonstrated. accordingly, the placement of the ecu will extra heavily resemble that of its Member States. basic rights will occupy a vital position, and coherent and systematic preparations may be in position to guard rights, utilizing either judicial and non-judicial skill. This quantity is the 1st to significantly research the proposals recommend via the eu fee in October 2004 at the construction of the european primary Rights corporation.

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See a set of consultation papers collected after a seminar held in 1996–1997, O De Schutter, N Lebessis and J Paterson (eds), Governance in the European Union, OOPEC, Luxembourg, 2000. 22 COM(2001) 428 final, of 25 July 2001. 23 Communication from the Commission, European Governance: Better Lawmaking COM(2002) 275 final of 5 June 2002. 24 Communication from the Commission, Impact Assessment COM(2002) 276 final of 5 June 2002. This communication has been completed a few months later by a set of practical guidelines relating to impact assessment.

177/20 (1995) (objective H2)). 3 Journal of European Public Policy 385–405; S Nott, ‘Accentuating the Positive: Alternative Strategies for Promoting Gender Equality’ in F Beveridge, S Nott and S Stephen (eds), Making Women Count. ’ Discussion paper FS I 01–103, Wissenschaftszentrum Berlin für Sozialforschung, 2001; M Verloo, ‘Another Velvet Revolution ? Gender Mainstreaming and the Politics of Implementation’ IWM Working Paper No 5/2001, Institut für die Wissenschaften vom Menschen, Vienna, 2001.

In a 1998 document on national human rights institutions the Council of Europe referred to “an awareness that the classic means of protecting human rights, through independent and impartial courts, while indispensable in a democratic society based on the rule of law, may not always be sufficient for ensuring, at the national level, that human rights are fully respected by national authorities . . Independent national bodies such as human rights commissions can play a key role in advising the public authorities (at national, regional and local level) on relevant human rights standards and their significance for the legislation and practice of a member state.

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