Suchergebnisse

The recent and interesting practice of European Security and Defence Policy peace missions testifies to a great vitality of EU in the field of peace maintenance and international security. This is an asset, considering that the Common Foreign and Security Policy is traditionally considered the least effective of the three EU pillars. In this field of EU Law there is an aspect deserving attention, namely the international legal aspect of the EU competence in crisis management. In fact, the implementation of ESDP requires one to consider the role of EU in the United Nations collective security system, in order to identify the international legal basis of EU peace missions. This is not a simple task. The UN collective security system has the appearance of a patchwork obtained by stitching together legal and political 'pieces', and the presence of different sources can make more difficult to legally frame activities of international organizations for peace. Any attempt can seem like entering into a labyrinth, where the presence of many variables takes us down many paths with different exit-doors. The aim of this working paper is just to open all those exit-doors, trying to identify the most appropriate one.

The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions' reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies

Foreword (Philippe Couvreur) -- 1: Freedom of Religions and Beliefs in the European Context: An Introduction to the Book (María del Ángel Iglesias Vázquez and Luca Paladini) -- Part I: The ECHR -- 2. Freedom of Thought, Conscience and Religion under the European Convention on Human Rights. New Approaches (Victoria Camarero-Suárez and Núria Reguart-Segarra) -- 3. Clothing, Symbology and Religious Prescriptions: The Perspective of the European Court of Human Rights (Isabel Cano Ruiz) -- 4. The Legal Protection of Religious Freedom and Belief in Public Transport. An Approximation from the Case-Law of the Strasbourg Court (Silvia Meseguer Velasco) -- 5. Personal Beliefs, Family and Education of Children (Miguel Rodríguez Blanco) -- 6. Positive and Negative Obligations of Member States (Diego Aboy Rubio) -- 7. Personal Beliefs and Risk of Danger in Case of Return in the Origin Country (Yanitza Giraldo Restrepo) -- Part II: The EU -- 8. The Protection of Freedom of Religion in the EU Law (Valentina Petralia) -- 9. Free Movement of Persons and Religious Freedom within the EU (Alessandra Lang) -- 10. Religious Freedom and Employment Discrimination in the Case Law of the European Court of Justice (Fabio Spitalieri) -- 11. Jus Migrandi and Personal Beliefs of Migrants Coming from Third States: Practice from EU Asylum Policy (Francesco Cherubini and Tommaso Pochi) -- 12. The EU and the Status of Churches, Religious Associations, Philosophical and Non-Confessional Organisations (Michal Rynkowski) -- 13. Navigating between Animal Welfare and Freedom of Religion (Costanza di Francesco Maesa) -- Part III: Other International Actors in the European context -- 14. Freedom of Religion or Belief: The Role of the Holy See (Vincenzo Buonomo) -- 15. The International Labour Organisation and Freedom of Religious Belief (Djamil Tony Kahale Carrillo) -- 16. Promoting Diversity, Combating Hate Speech and Broadening Intercultural Dialogue: The Council of Europe's Actions in Favour of Personal Beliefs (José Ramón Intxaurbe Vitorica) -- 17. The Organization for Security and Cooperation in Europe and the Promotion of, and Assistance to Member States in the field of Freedom of Religion and Belief (Ruben Miranda Gonçalves) -- 18. Freedom of Religions and Beliefs in the European Context: Concluding (Quo Usque Tolerantia Nostra Nos Ducit) (María del Ángel Iglesias Vázquez and Luca Paladini).