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Page 1 of 2

  • Chapter 1 - Introduction: Purpose and Structure, Categorisation of States and Hypotheses

  • from PART I - INTRODUCTORY
    • By Patricia Popelier, Professor of Constitutional Law at the University of Antwerp and vice-dean for research at the law faculty, Sarah Lambrecht, Law Clerk at the Belgian Constitutional Court and PhD Candidate at the Research Group Government and Law, Faculty of Law, University of Antwerp, Koen Lemmens, PhD from the European University Institute (Fiesole, Italy) and is Associate Professor of Public Law at KU Leuven (Belgium)
  • Edited by Patricia Popelier, Sarah Lambrecht, Koen Lemmens
  • Book:
    Criticism of the European Court of Human Rights
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    24 June 2016, pp 3-22

  • Summary

    PURPOSE OF THE EDITED VOLUME

    For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. The most severe criticism has been voiced in the UK, where ‘charges against the Court … over the past two years have been unprecedented’. Also voices outside the UK, however, have subscribed to these views. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. This is exactly what the Strasbourg Court was facing within the reform talks leading up to the Brighton Conference under the UK Chairmanship of the Committee of Ministers of the Council of Europe. Ultimately, however, the Brighton Declaration advanced for the most part a technical reform. It is therefore unlikely that the Brighton Declaration and the ensuing Protocol No 15 will be able to tone down opponents of an activist European Court. The Court will thus very carefully need to maintain the difficult balance between human rights protection and respect for national sovereignty.

    The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. Secondly, the volume assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. These questions have so far remained largely unexplored, especially cross-nationally. Therefore, the focus is not solely put on countries that are known to have highly critical voices and that, particularly in the case of the UK, have been heavily documented. Rather, we aim to evaluate whether a change in dynamics is a pan-European reality or merely limited to a few countries.

    For this reason, our coverage is wide, compromising fifteen Contracting Parties and the EU, as a future Contracting Party. Every in-depth report is based on the same structured questionnaire, which can be found in the annex. The authors also followed the same chapter template which coincides with the questionnaire, as to encourage easy comparison for the reader.

  • Annex 1 - Questionnaire

  • from APPENDIX
  • Edited by Patricia Popelier, Sarah Lambrecht, Koen Lemmens
  • Book:
    Criticism of the European Court of Human Rights
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    24 June 2016, pp 557-562

  • Summary

    CRITICISM OF THE EUROPEAN COURT OF HUMAN RIGHTS

  • To what extent is there criticism of the European Court of Human Rights regarding its interpretation of the Convention, its functioning and its legitimacy (a) in the media, (b) in academia, (c) in the political world and (d) in the judiciary?

  • Is the lack or presence of criticism linked to the status of the Convention and the ECtHR judgments in the national legal system? Why?

  • Has there been a recent surge in criticism? If so, what sparked this?

  • Is this criticism widespread and/or permanently present or only sporadic and/or temporary? Why?

  • Is this criticism aimed at specific judgments or is it more systemic, namely aimed at the general mechanisms of interpretation, general functioning or overall legitimacy of the European Court of Human Rights?

  • If there is a significant difference in the amount and nature of criticism of the European Court of Human Rights in the different fields (media, academia, politics and judiciary), does this cause any specific tensions at the national level? Has this had any effects on their interrelationship?

    • COUNTER-DYNAMICS AT THE POLITICAL LEVEL

    POLITICS AND THE CONVENTION SYSTEM

  • To what extent is the Convention system part of the political/electoral debate?

  • Do parties have distinct views on the (reform of the) European Court of Human Rights and the European Convention on Human Rights? If so, what are they? Are they one of the core points of the political party's manifesto/identity?

  • Have the political parties’ positions evolved? For instance, have they become increasingly in favour for reforming the European Court of Human Rights or become increasingly euro-sceptic or euro-friendly? If so, why?

    • POLITICAL STRATEGIES AT THE EUROPEAN LEVEL: REFORM OF THE CONVENTION SYSTEM

  • What was the position of the national government in the build-up to the Brighton Conference in April 2012 concerning the reforms needed to the Convention system? Was this position beforehand and/or afterwards discussed in the national parliament? If so, to what extent and did this reveal differences in opinion between the political parties and majority v. opposition?

  • To what extent did the government and parliament agree with the UK Draft of the Brighton Declaration?

Criticism of the European Court of Human Rights
  • Shifting the Convention System: Counter-dynamics at the National and EU Level
  • Edited by Patricia Popelier, Sarah Lambrecht, Koen Lemmens
  • Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    24 June 2016
  • For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored, especially cross-nationally.Far from focusing exclusively on those voices that are currently raised so loud, conclusions are based on comparative in-depth reports, covering fifteen Contracting Parties and the EU.With contributions of Olgun Akbulut, Tilmann Altwicker, Katarzyna Blay-Grabarczyk, Anna Gamper, Janneke Gerards, Krystyna Kowalik-Banczyk, Sarah Lambrecht, Koen Lemmens, Lubomir Majercík, Giuseppe Martinico, Roger Masterman, Aaron Matta, Christophe Maubernard, Armen Mazmanyan, Katharina Pabel, Eszter Polgári, Patricia Popelier, Clara Rauchegger, Michael Reiertsen and Henrik Wenander.

  • Annex 2 - Questionnaire EU

  • from APPENDIX
  • Edited by Patricia Popelier, Sarah Lambrecht, Koen Lemmens
  • Book:
    Criticism of the European Court of Human Rights
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    24 June 2016, pp 563-566

  • Summary

    CRITICISM OF THE EUROPEAN COURT OF HUMAN RIGHTS

  • To what extent is there criticism of the European Court of Human Rights regarding its interpretation of the Convention, its functioning and its legitimacy (a) in the political world and (b) in the judiciary?

  • Is the lack or presence of criticism linked to the status of the Convention and the ECtHR judgments in the national legal system? Why?

  • Has there been a recent surge in criticism? If so, what sparked this?

  • Is this criticism widespread and/or permanently present or only sporadic and/or temporary? Why?

  • Is this criticism aimed at specific judgments or is it more systemic, namely aimed at the general mechanisms of interpretation, general functioning or overall legitimacy of the European Court of Human Rights?

  • If there is a significant difference in the amount and nature of criticism of the European Court of Human Rights in the different fields (media, academia, politics and judiciary), does this cause any specific tensions at the EU level? Has this had any effects on their interrelationship?

    • COUNTER-DYNAMICS AT THE POLITICAL LEVEL

    POLITICS AND THE CONVENTION SYSTEM

  • To what extent is the Convention system part of the political/electoral debate?

  • Do European political groups in have distinct views on the (reform of the) European Court of Human Rights and the European Convention on Human Rights? If so, what are they? Are they one of the core points of the political groups’ manifesto/identity?

  • Have the European political groups’ positions evolved with regard to reform of the Convention system and EU accession? For instance, have they become increasingly in favour for reforming the European Court of Human Rights or become increasingly euro-sceptic or euro-friendly? If so, why?

    • POLITICAL STRATEGIES AT THE EUROPEAN LEVEL:

    REFORM OF THE CONVENTION SYSTEM

  • What was the position of European Parliament, the Commission and the Council in the build-up to the Brighton Conference in April 2012 concerning the reforms needed to the Convention system? Was this position beforehand and/or afterwards discussed in the European Parliament? If so, to what extent and did this reveal differences in opinion between the political groups?

  • To what extent did the European Parliament, the Commission and the Council agree with the UK Draft of the Brighton Declaration?

  • 2 - Friedrich Schlegel's Writings on India: Reimagining Germany as Europe's True Oriental Self

  • Edited by James Hodkinson, Associate Professor in German Studies at Warwick University., John Walker, Senior Lecturer in European Cultures and Languages at Birkbeck College, University of London., Shaswati Mazumdar, Professor in German at the University of Delhi., Johannes Feichtinger, Researcher at the Österreichische Akademie der Wissenschaften.
  • With contributions by Anil Bhatti , Michael Dusche , Johann Heiss , Kerstin Jobst , Jon Keune , Todd Kontje , Margit Köves , Sarah Lemmen , Jyoti Sabarwal and Ulrike Stamm
  • Book:
    Deploying Orientalism in Culture and History
    Published by:
    Boydell & Brewer
    Published online:
    05 December 2013
    Print publication:
    30 December 2013, pp 31-54

  • Summary

    This chapter looks at how Friedrich Schlegel (1772–1829) developed and applied his particular kind of orientalist thinking and writing within the German geographical, linguistic, and cultural context of the early nineteenth century. Schlegel's orientalism developed in Paris (1802–4) in the context of the Pan-European clamor against French cultural (later political) hegemony and against modernity, capitalism, urban life, and individualism. his reflections on the orient, particularly the topos of “India,” became part of a process whereby Germany was reimagined as no longer being part of Western Europe but rather as the “true” oriental self of Europe.

    Much has been written on the romantics generally and their influence on early German nationalism, and many scholars have come to similar conclusions. None, arguably, has been able to reveal through a close reading of “Reise nach Frankreich” and Über die Sprache und Weisheit der Indier Schlegel's use of Indian language and culture in contesting French cultural hegemony. This contribution seeks to compensate for this deficiency by bringing to bear the study of early nineteenth-century nationalism on the study of Schlegel's engagement with India.

    Friedrich Schlegel in Paris

    Schlegel's interest in Sanskrit studies spans a period of nearly forty years, during which an enthusiasm for India took hold of many German intellectuals. The period begins in 1791 with Georg Forster's (1754–94) translation of Kalidasa's Shakuntala and ends in 1827 with Georg Wilhelm Friedrich Hegel's (1770–1831) dismissive verdict on India.

  • Introduction

  • Edited by James Hodkinson, Associate Professor in German Studies at Warwick University., John Walker, Senior Lecturer in European Cultures and Languages at Birkbeck College, University of London., Shaswati Mazumdar, Professor in German at the University of Delhi., Johannes Feichtinger, Researcher at the Österreichische Akademie der Wissenschaften.
  • With contributions by Anil Bhatti , Michael Dusche , Johann Heiss , Kerstin Jobst , Jon Keune , Todd Kontje , Margit Köves , Sarah Lemmen , Jyoti Sabarwal and Ulrike Stamm
  • Book:
    Deploying Orientalism in Culture and History
    Published by:
    Boydell & Brewer
    Published online:
    05 December 2013
    Print publication:
    30 December 2013, pp 1-14

  • Summary

    Received Orientalisms and New Departures

    Over the last three decades the term “orientalism” has become a commonplace and often pejorative term within cultural studies. In Edward Said's seminal Orientalism (1978) the term was first defined critically as a mode of thought and writing by which Western discourses exercise a form of ideological power over the peoples and cultures of the East, reducing them to Europe's consummate other: exotic, degenerate, passive, fanatical, mysterious, civilized, and uncivilized by degree. The term has, though, come to be used so liberally that it seems to imply the existence of a real, unified historical school of thought, an ideological movement of like-minded people or at least a recognized set of writings, attitudes, and beliefs that carried that name within the Europe of the eighteenth and nineteenth centuries. This was not the case. Naturally, the terms “Orient” and “orientalism” permeate this volume. Here, though, they are treated within a context of critical awareness, as a contemporary tool for critically tracing patterns and tendencies within historical European discourses. The scope of what can be termed “orientalism,” of where and in what forms we might seek it, of the range of differing functions it fulfills in differing contexts, and of where, quite simply, the so-called Orient was thought to be in a geographical sense, must be considered as open to a process of redefinition.

  • Preface

  • Edited by James Hodkinson, Associate Professor in German Studies at Warwick University., John Walker, Senior Lecturer in European Cultures and Languages at Birkbeck College, University of London., Shaswati Mazumdar, Professor in German at the University of Delhi., Johannes Feichtinger, Researcher at the Österreichische Akademie der Wissenschaften.
  • With contributions by Anil Bhatti , Michael Dusche , Johann Heiss , Kerstin Jobst , Jon Keune , Todd Kontje , Margit Köves , Sarah Lemmen , Jyoti Sabarwal and Ulrike Stamm
  • Book:
    Deploying Orientalism in Culture and History
    Published by:
    Boydell & Brewer
    Published online:
    05 December 2013
    Print publication:
    30 December 2013, pp vii-viii

  • Summary

    This volume is the first publication to be generated by the International Occident-Orient Research Network, which was established in 2008 by Anil Bhatti and James Hodkinson. The network arose out of a collaborative arrangement between Jawaharlal Nehru University, New Delhi, and Warwick University, UK, and it originally had a solely German Studies focus. The project expanded rapidly to include Delhi University and the Austrian Academy of Sciences (OeAW), Vienna, as its other key locations. The group has subsequently attracted scholars from Europe, Asia, and North America, who have also brought a wide range of expertise to the project: these include literary scholars of all persuasions, historians, social scientists, as well, of course, as specialists in the field known problematically as “oriental studies.”

    The resulting text is an edited volume of chapters that has been developed by members of the network, working in close collaboration. Thus far the project has spanned a period of four years from January 2010 to the date of publication, and has been driven forward by three symposia, held in Delhi, Vienna, and Birmingham, UK. The editors would like to thank a great many institutions and people who have assisted the production of this volume and the research group underlying it since late 2009. These are too numerous to list in their entirety here, though others should not go without mention.

  • 5 - The Jew, the Turk, and the Indian: Figurations of the Oriental in the German-Speaking World

  • Edited by James Hodkinson, Associate Professor in German Studies at Warwick University., John Walker, Senior Lecturer in European Cultures and Languages at Birkbeck College, University of London., Shaswati Mazumdar, Professor in German at the University of Delhi., Johannes Feichtinger, Researcher at the Österreichische Akademie der Wissenschaften.
  • With contributions by Anil Bhatti , Michael Dusche , Johann Heiss , Kerstin Jobst , Jon Keune , Todd Kontje , Margit Köves , Sarah Lemmen , Jyoti Sabarwal and Ulrike Stamm
  • Book:
    Deploying Orientalism in Culture and History
    Published by:
    Boydell & Brewer
    Published online:
    05 December 2013
    Print publication:
    30 December 2013, pp 99-116

  • Summary

    This chapter focuses on three events in the period 1840 to 1857/58 and discusses how orientalist ideas were used in each of them to construct three different figurations of the oriental: the Jew, the Turk, and the Indian. The first event is the Damascus affair (1840), in which Damascan Jews were forced to confess under torture to the ritual murder of a Christian priest. The incident was widely covered in the leading European and German dailies in general and the emerging Jewish press. The second event is the Crimean War (1853–56)—a war that is central to the oriental question as it is known in German—in which conflicting European interests in regard to the declining ottoman Empire coalesced with larger inner-European power conflicts. The war is seen as the first to become a media event. The third event is the Revolt of 1857 in India, which also became a media event though it took place in distant India and did not directly involve the states of the European continent. All three events drew an extraordinary amount of attention in the European press in general and also in the German press, while the latter two also became the stuff of popular novels. In fact these events took place at a time when “print capitalism,” as Benedict Anderson calls it, had begun to provide the basis for imagining the nation, though it is equally a time of expanding colonial interests.

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