The rule of law and the courts [in Europe]
Rule of Law Anthology: Theme 3
26 MAY 2023 at 14.00–15.00
ONLINE VIA ZOOM
Theme 3
The rule of law and the courts deals with procedural rights and the rule of law. The division of powers remains a central aspect of rule of law, irrespective of which legal system that sets the context. From this point of view, the courts have an important as well as a specific role to play. That is not to say that the role of courts, be it national or international remains static, or shielded from transformation. In this regard, the EU Court of Justice has had to decide in rule of law cases quite a few times in the past few years. Furthermore, it is increasingly discussed to what extent the European Court of Human Rights is transforming into a constitutional court – imposing more detailed directions as to what national legislation should entail. This is prominent in cases pertaining to new technologies and the right to digital private life.
Presenters and titles of presentations:
Joakim Nergelius, Professor, Örebro University, Sweden
The Two European Courts as Constitutional Courts (or not?)
Cristina Trenta, Associate Professor, Örebro University, Sweden
The issue with the Member States’ implementation of judgments of the European Court of Human Rights
Rigmor Argren, Senior Lecturer, Örebro University, Sweden
International rule of law under the ECHR – the potentials and limitations of Article 18
Laura Ervo, Professor, Örebro University, Sweden
The modern rule of law in civil proceedings – New Swedish and Finnish components