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Announcements

Announcements. LSJ Study Abroad Opportunities: -updates posted at the following website, look for February and March 2006 deadlines for September 2006 programs. Webpage: http://depts.washington.edu/class/lsj/travel.html. Supranational & International Courts Compared.

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Announcements

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  1. Announcements LSJ Study Abroad Opportunities: -updates posted at the following website, look for February and March 2006 deadlines for September 2006 programs. Webpage: http://depts.washington.edu/class/lsj/travel.html

  2. Supranational & International Courts Compared I. Function and Legal System A. ECJ -Ensure the uniform interpretation of EU law -EU Law: diverse policy areas & wide body of law (legislation, treaties, etc.) -Regional jurisdiction (Europe only) -Institution of the European Union

  3. (I. Function and Legal System, cont.) B. ECHR -Ensure that member states compliance with the European Convention -Single body of law, single policy area (European Convention, human rights) -Regional Jurisdiction (Europe only) -1999, Court and Comm. were combined -Institution of the Council of Europe

  4. (I. Function and Legal System, cont.) C. ICC - To punish and there by deter human rights atrocities - Single body of law, single policy area (ICC Statute, genocide, crimes against humanity, war crimes) - Global jurisdiction - Autonomous international organization, but institutionally linked to the United Nations

  5. II. What is the Court’s Jurisdiction: Who can initiate a case and against whom? A. ECJ -Who Initiates: individuals, businesses, member governments, EU institutions -Disputes between member govts, EU institutions and individuals

  6. (II. What is the Court’s Jurisdiction, cont.) B. ECHR -Who Initiates: Pre-1998: individuals, Euro. Comm. On Human Rights, member govts. Post-1998: individuals and mem. govts. -Disputes involve complaints brought against a member government

  7. (II. What is the Court’s Jurisdiction, cont.) C. ICC -Who Initiates: member government (ratified treaty), prosecutor, security council of the United Nations -ICC tries individuals -Prosecutor and govt. can initiate case against crimes committed within a member state -Security council can initiate a case against anyone (with a unanimous vote)

  8. III. How Does a Case come before the Court?

  9. A. How Individuals Bring a Claim before the ECJ: Two Options Preliminary Ruling Procedure Direct Action ECJ ECJ National Court Individual Individual

  10. B. How Individual Claims come before the ECHR: Pre and Post 1998 Procedures Pre-1998 Process Post 1998 Process ECHR ECHR Optional Stage: Art 46 Committee of Ministers Commission Individual Optional Stage: Art 25 Individual

  11. C. 3 Ways in which a Case might be brought before the ICC ICC UN Security Council (e.g.Sudan) Prosecutor with pre-trial judges' permission (e.g. Congo) Member Government (ratified the ICC Treaty) (e.g. Uganda)

  12. IV. Rulings: How Binding? Dissenting? Powerful? A. ECJ: - They are binding, monetary penalties for non-compliance • No dissenting opinions: protects national judges so they can uphold EU interest • Powerful rulings that have expanded EU rights and national law.

  13. (IV. Rulings, cont.) B. ECHR -Final judgments of the ECHR are binding on member govts. -Dissenting opinions: important as human rights are controversial/complex issues. -Pre-1998 not as powerful with limited ECHR jurisdiction, but enhanced after 1998. -No enforceable penalties, but member govt. comply.

  14. (IV. Rulings, cont.) C. ICC -There are dissenting opinions -Rulings are binding -Sentences are carried out in a member state.

  15. V. National Sovereignty (NS) • ECJ 1. Preservation of NS: ECJ empowers national courts, subsidiarity 2. Limits on NS: Van Gend en Loos and Costa Decisions, opened the EU legal system to individuals to bring claims against their own governments.

  16. (V. National Sovereignty, cont.) B. ECHR 1. Preservation of NS: Pre-1998 system, optional clauses Art 25 and Art 46, margin of appreciation 2. Limits on NS: Post 1998 system, compulsory jurisdiction and individual complaints, eliminated Commission and strengthened Court.

  17. (V. National Sovereignty, cont.) C. ICC 1. Preservation of NS: principle of complementarity: The ICC won’t prosecute unless the state where the crime took place is “unwilling or unable” to launch criminal proceedings. 2. Limits on NS: Prosecutor can initiate, can prosecute individuals from non-member countries.

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