Law - new material (66)
01 October 2008
The Impact of the EU Qualification Directive on International Protection. European Council on Refugees and Exiles, 2008, pp258. This study examines the transposition of certain provisions of the Qualification Directive (Council Directive 2004/83/EC, deadline for transposition expired on October 10, 2006), the differences in practice brought about by transposition, and some of the substantive social rights EU Member States extend to recipients of international protection under the directive. This project is motivated by concerns about the directive's compatibility with international human rights standards. ECRE and UNHCR have taken the position that some of the directive's provisions do not reflect the 1951 Refugee Convention, and have urged states to adopt higher standards as provided for in article 3. The study reveals both positive developments that the Directive has brought about, as well as a number of disturbing trends concerning intrinsic flaws in the Directive and a failure by member states to properly implement it. Available from www.ecre.org/resources/policy_papers/1234
Censors Censured, Tigran Ter-Yesayan and Kerimn Yildez. Socialist Lawyer no. 50 (September) 2008, pp.27-29. Article on the European Court of European Human Rights ruling, in Meltex Ltd and Mesrop Movsesyan v Armenia, which addressed Armenia�s infringement of its citizens� right to freedom of expression since its accession to the Council of Europe in 2001.
Human Rights Law Update, Ken Dale-Risk. SCOLAG Legal Journal Issue 374 (December) 2008, pp.304-305. This piece reviews seven recent cases that fall under Article 6 of the European Convention on Human Rights, the right to a fair trial.
Is the Criminal Cases Review Commission losing its appeal? Jan Robin. Legal Action October 2008, pp.7-8. This article examines the role of the CCRC, the body set up by the government to investigate possible miscarriages of justice in England, Wales and Northern Ireland, and examines the likely impact of cuts to its budget and fees paid to criminal defence lawyers for miscarriage of justice work.
Criminal Justice Update, Kenneth B. Scott. SCOLAG Legal Journal Issue 373 (November) 2008, pp.284-285. Digest of issues and developments relevant to criminal justice in Scotland. It considers the following areas: recorded crime statistics, community policing, police powers (consultation) and the Police Complaints Commissioner for Scotland.
Assessing Damage, Urgent Action: Report of the Eminent Jurists Panel on Terrorism, Counter-Terrorism ands Human Rights. International Commission of Jurists 2009, pp. 213. This three-year study by a panel of eminent lawyers and jurists from the Geneva-based ICJ reaches the indisputable conclusion that anti-terrorism measures worldwide have seriously undermined international human rights law. It identifies the United States and the UK, as being particularly culpable and argues that they have "actively undermined" international law through their actions. It recognises that totalitarian regimes with poor human rights records around the world have used the counter-terrorism polices and practices of the US and UK to justify their abusive policies. The panel maintains that the legal systems put in place at the end of the Second World War are adequate to handle current terrorist threats. Civilian legal systems should be used, not ad hoc tribunals, military courts and control orders that are unnecessary and unworkable because of their lack of safeguards. The ICJ recommends, among other things, an urgent review of counter-terrorism laws to prevent serious and permanent damage to fundamental human rights practices. Available: http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/16_02_09_ejp_report.pdf
Information Law Update, Dr David McArdle. SCOLAG Legal Journal Issue 374 (December) 2008, pp.309-310. This article reviews the law relating to data protection, freedom of information and the media. It considers data protection (medical records), intellectual property and defamation.