Book contents
- European Human Rights Justice and Privatisation
- European Human Rights Justice and Privatisation
- Copyright page
- Contents
- Tables
- Foreword
- Acknowledgments
- Introduction
- Part I The Procedural Aspect of the Growing Influence of Private Foundations on the European Human Rights Justice System
- Part II The Substantive Dimension of the Growing Influence of Private Foundations on European Human Rights Justice
- 5 Effects of the Growing Influence of Private Interests on the Orientation of European Case Law
- 6 Effects of Private Litigation on Domestic Policies and International Relations: The Rise of Tensions between the EU, the US and Eastern Countries
- 7 The Relationships between Litigation Funded by Private Foundations and the Economic and Political Interests They Pursue
- Conclusion: Towards a Privatised Capture of Human Rights?
- Select Bibliography
- Index of Authors
- General Index
5 - Effects of the Growing Influence of Private Interests on the Orientation of European Case Law
from Part II - The Substantive Dimension of the Growing Influence of Private Foundations on European Human Rights Justice
Published online by Cambridge University Press: 06 October 2020
- European Human Rights Justice and Privatisation
- European Human Rights Justice and Privatisation
- Copyright page
- Contents
- Tables
- Foreword
- Acknowledgments
- Introduction
- Part I The Procedural Aspect of the Growing Influence of Private Foundations on the European Human Rights Justice System
- Part II The Substantive Dimension of the Growing Influence of Private Foundations on European Human Rights Justice
- 5 Effects of the Growing Influence of Private Interests on the Orientation of European Case Law
- 6 Effects of Private Litigation on Domestic Policies and International Relations: The Rise of Tensions between the EU, the US and Eastern Countries
- 7 The Relationships between Litigation Funded by Private Foundations and the Economic and Political Interests They Pursue
- Conclusion: Towards a Privatised Capture of Human Rights?
- Select Bibliography
- Index of Authors
- General Index
Summary
Chapter 5 analyses the effects of the growing influence of private interests on the orientation of European case law. The cases in which the OSJI and NGOs (backed up by private foundations) intervene are notably selected for their potential prioritisation by the Courts on the grounds of the right to life, the right to dignity, and the right to freedom and legal detention; for their potential to affect the Convention’s effectiveness; or because they raise questions of general interest and lead to pilot/leading judgments (which are considered by the ECtHR as an absolute priority in its own policy). Cases are also selected for their political and legal impacts on specific areas and countries. The first part of Chapter 5 sheds light on the concentration of applications lodged by private foundations and NGOs on specific policy areas and specific countries, including Eastern European nationalist regimes and Russia. The second part of the chapter deals with countries including the United Kingdom, Ireland, Germany and France and cases (such as austerity cases) that are neglected, not captured or even completely ignored by private foundations and NGOs.
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- Information
- European Human Rights Justice and PrivatisationThe Growing Influence of Foreign Private Funds, pp. 173 - 199Publisher: Cambridge University PressPrint publication year: 2020