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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

Gaëtan Cliquennois
Affiliation:
Université de Nantes, France
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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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Chapter
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European Human Rights Justice and Privatisation
The Growing Influence of Foreign Private Funds
, pp. 173 - 199
Publisher: Cambridge University Press
Print publication year: 2020

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