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Srda Pavlovic, Marko Zivkovic - Transcending Fratricide

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Srda Pavlovic (ed.), Marko Zivkovic (ed.)

Transcending Fratricide

Series: Southeast European Integration Perspectives

Volume 9 2013

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Stefano Bianchini The Resurgence of Nationalism in Times of Crisis S. 51-70

„… 51 Stefano Bianchini The Resurgence of Nationalism in Times of Crisis In …” „… times of crisis, nationalism emerges as a strong cohesive factor of social groups. This trend has been …” „… of interests in time of crisis, without a recognised leader able to embody the unity of the country …”

Lenard J. Cohen Embracing Democracy: Prelude to Facing the Past S. 265-288

„… time-series-data are not available, the 2006 data 6 …” „… time, one finds continued cause for concern regarding the prospects of democratic consolidation. For …” „… , conducted at a time that Kosovo was a protectorate of the United Nations, found that 68 per cent of Kosovo …”

Wladimir Fischer Ancient Myths Did Not Destroy Yugoslavia. Stereotypes in Yugoslav Media Struggles of 1945–1952 and 1989 Revisited S. 71-92

„… was in place at the time. To describe this relatively new nationalist mythology, we will refer back …” „… and second, forty years later, the time of the publiccised discourses immediately preceding …” „… general political discourse, the discourse of literary policy. At that time, both formations were …”

Srđa Pavlović, Marko Živković Colours of Post-Fratricide History S. 17-30

„… ), p. 525 22 well as where the person asking it resides at the time. Ordinarily, it tends to be …” „… Yugoslavist norms still powerful in the late 1980, while at the same time getting away with “old” nationalism …” „… crucial in promoting certain types of groupness and at the same time delegitimating others. In Bosnia and …”

Andrew Gilbert War and the Politics of Historical Imagination in Bosnia and Herzegovina S. 165-188

„… American Council for Learned Societies. The author is particularly grateful for the write-up time made …” „… 1992 when the all-Serb, Serb Democratic Party-controlled “Crisis Committee” had taken control of the …” „… , while at the same time distorting, diminishing, dismissing, or silencing a whole range of other …”

James E. Waller Transcending Fratricide: The Politics of Naming S. 31-50

„… together. Primo Levi, 1986 According to the Bible and the Qur’an, the first time that death …” „… - 1 Cited in Lance Morrow, “Evil,” Time, 10 June 1991, p. 52. 2 Eric Sangar, Fratricide, Online …” „… tempered by several events, including the crisis in the peace process in the Middle East and the terrorist …”

Titelei/Inhaltsverzeichnis S. 2-6

„… Fratricide: The Politics of Naming 31 Stefano Bianchini The Resurgence of Nationalism in Times of …” „… Crisis 51 Wladimir Fischer Ancient Myths Did Not Destroy Yugoslavia. Stereotypes in Yugoslav …”

Nebojša Petrović Human Potential for Reconciliation in the Balkans S. 227-242

„… during intractable conflict and was, at the time, functional as a means of coping with the difficult …” „… their experience and once again pass through the pain, suffering, and loss but, this time, in the …” „… influence the line of events and the future level of readiness. It is well known that social crisis and …”

Mitja Velikonja The Past with a Future: The Emancipatory Potential of Yugonostalgia S. 109-128

„… Nostalgia, or Once Upon A Time and Again The nostalgic is enamoured of distance, not of the …” „… to opt out of it?” I was asked this and similar questions many times during the past years, while …” „… countries that were “liberated” for the third or fourth time within a single century; in which the …”

Dejan Guzina, Branka Marijan Between the Hammer and a Nail: Reconciling Power Sharing and Civil Society in Bosnia and Herzegovina and Macedonia S. 189-210

„… opportunities for engagement in all areas of social, economic, and political life”.16 However, at the same time …” „… in bringing peace to the region. But at the same time, the power sharing arrangements that resulted …” „… Representatives in Bosnia and Herzegovina, see periodic reports by the International Crisis Group (ICG). 22 …”

Ian D. Armour The Nation as Victim S. 93-108

„… , 1998), p. xxxi, and Tim Judah, The Serbs: History, Myth and the Destruction of Yugoslavia (New Haven …” „… century, the role of the manipulative other has varied over time. The Ottoman Empire is of course blamed …” „… Habsburg army leadership, and the Emperor Francis Joseph himself, had for some time been eyeing Bosnia as …”

doi.org/10.5771/9783845247601

Julia Iliopoulos-Strangas - Die Zukunft des Sozialen Rechtsstaates in Europa. The Future of the Constitutional Welfare State in Europe. L'Avenir de l'État de Droit Social en Europe

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Julia Iliopoulos-Strangas (ed.)

Die Zukunft des Sozialen Rechtsstaates in Europa. The Future of the Constitutional Welfare State in Europe. L'Avenir de l'État de Droit Social en Europe

Series: Societas Iuris Publici Europaei (SIPE)

Volume 10 2015

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Verica Trstenjak The Welfare State in Times of Crisis: Threat to the Rule of Law? S. 297-306

„… Welfare State in Times of Crisis: Threat to the Rule of Law? Verica Trstenjak* Introduction The welfare …” „… their relationship in times of crisis. They are intertwined, interdependent, and they influence each …” „… Welfare State in Times of Crisis: Threat to the Rule of Law? 300 trial, presumption of innocence and right …”

Birgitta Nyström The European Welfare State and the European Social Charter S. 285-296

„… it may be necessary to introduce measures to consolidate public finances in times of economic crisis …” „… COUNTOURIS / FREEDLAND (eds.), Resocialising Europe in A Time of Crisis, Oxford, , 2013, p. 110. The European …” „… times of crisis. In 2014 thematic group 3 “Labour rights”31 has been examined. It could be expected, but …”

David Edward Concluding Remarks S. 357-364

„… least of optimism. We are now in a time of crisis, and it is too early to say whether this state of …” „… recent. When compared with past centuries of legal history, the time scale of this debate has been …” „… relatively short. Also, we are now living in a period of ‘crisis’ which raises the question whether ideas …”

József Hajdú The future of the Constitutional Welfare State: the example of Hungary S. 187-198

„… recent economic crisis. The reactions to the crisis by the Hungarian government between 2010-2014 have …” „… been distinct in several ways. The crisis has been used by the government as a rationale to carry out …” „… paradigmatic reforms in nearly all policy fields within a very short period of time, while the two-thirds …”

Titelei/Inhaltsverzeichnis S. 1-20

„… economic and financial crisis is at the same time a political and social crisis that threatens the European …” „… Times of Crisis: Threat to the Rule of Law? 299 Verica Trstenjak L’acquis social : quelle(s …” „… a result of the economic and financial crisis. The fact that Athens was chosen as the venue of the …”

Isabelle Hachez acquis social : quelle(s) protection(s) juridique(s) ? S. 307-336

„… Rights in Times of Economic Crisis, Commissaire aux droits de l’Homme, Conseil de l’Europe, Issue paper …” „… le ‘progrès social’ ») ; Safeguarding Human Rights in Times of Economic Crisis, Commissaire aux …” „… particulièrement touchés par les mesures d’austérité, cf. Safeguarding Human Rights in Times of Economic Crisis …”

Aikaterini Iliadou Justiziabilität der sozialen Grundrechte und Gewährleistungen sozialen Inhalts? Zum Stand der aktuellen Rechtsprechung in Griechenland S. 47-66

„… , 2011; Claire KILPATRICK / Bruno DE WITTE (Hrsg.), Social Rights in Times of Crisis in the Eurozone: The …” „… .), Before and After the Economic Crisis – What Implications for the “European Social Model”?, Cheltenham …”

doi.org/10.5771/9783845272481

Wolfgang Däubler, Reingard Zimmer - Arbeitsvölkerrecht

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Wolfgang Däubler (ed.), Reingard Zimmer (ed.)

Arbeitsvölkerrecht

2013

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Stefan Clauwaert, Isabelle Schömann The protection of fundamental social rights in times of crisis: A trade union battlefield S. 239-257

„… The protection of fundamental social rights in times of crisis: A trade union battlefield Stefan …” „… . The protection of fundamental social rights in times of crisis 241 and workers‘ representation rights …” „… fundamental social rights in times of crisis 243 In relation to Collective Complaint 65/2011, the ECSR …”

Simon Deakin From Constraining to Rebalancing: The Role of Transnational Social Rights in Shaping European Union Economic Policy S. 353-361

„… Laval began has since been carried on by the reaction of the EU institutions to the Eurozone crisis …” „… assistance to avert the effects of the crisis, on the other, have had widespread repercussions for the labour …” „… . 2 See the contributions to the special issue of the Industrial Law Journal on the Eurozone crisis …”

Niklas Bruun The UN Treaty Body Strengthening Process and Fundamental Social and Labour Rights S. 97-110

„… such cooperation are needed. Especially in times of financial and economic crisis the human rights …” „… challenges and should be reformed. Common arguments have been that due to a lack of meeting time many treaty …” „… stakeholders towards this process of reform. The reform is taking place in a period of time marked by strongly …”

Teun Jaspers Workers’ involvement rights in transnational issues S. 369-377

„… , Cambridge, 2010. 2 Cf. Glassner, V./ Keune, M., Negotiating the crisis? Collective bargaining in Europe …” „… development is not completely new. The economic crisis of the eighties of last century was also characterised …” „… these countries will remain competitive. By the current economic crisis the tensions related to these …”

K. D. Ewing Austerity and the Importance of the ILO and the ECHR for the Progressive Development of European Labour Law: A Case Study from Greece S. 361-369

„… represented one of the greatest challenges to working conditions for some time, but also revealed a contempt …” „… system for undeclared work, the extension of probationary periods, the increase in the use of part-time …” „… ‘dramatic increase of the number of full-time contracts of employment that had been unilaterally converted …”

Jan Buelens The effectiveness of collective action in the light of international standards: the case of Belgium S. 311-323

„… . Concluding remarks In times of economic crisis the right to collective action is even more important in order …” „… pertaining to the law as well as to reasons within the law. The former involved the economic crisis of that …” „… Nivelles Court of First Instance will for the first time refer to international norms: “(…) the fact should …”

Csilla Kollonay-Lehoczky How international standards can guarantee the right to collective bargaining S. 154-165

„… really help? ILO and the European Social Charter The economic crisis has speeded up the tendency that in …” „… are under the heavy and sudden pressure of crisis coupling to the constant competition by cheap labour …” „… values. This declaration apparently enhances the status of those core labour standards – at the same time …”

Antonio Baylos Aus dem Süden Europas: Überlegungen zur Bürgerschaft in Krisenzeiten S. 226-239

„… The protection of fundamental social rights in times of crisis: A trade union battlefield Stefan …” „… .) Políticas de austeridad y crisis en las relaciones laborales: La reforma del 2012, Albacete 2012, S. 51 ff …” „… Clauwaert and Isabelle Schömann Introduction Since the start of the economic crisis, fundamental workers and …”

Titelei/Inhaltsverzeichnis S. 2-12

„… protection of fundamental social rights in times of crisis: A trade union battlefield 239 Rudolf Buschmann …”

Stein Evju The European Social Charter and the International Labour Organisation – interlinks past and present S. 146-154

„… , it is essential at the same time to emphasize the interrelationship between the groups and the …” „… uncertainty on this quintessential issue for quite some time and differing opinions among Member States …” „… really help? ILO and the European Social Charter The economic crisis has speeded up the tendency that in …”

Lenia Samuel The long Way towards more Social Rights in Europe S. 135-146

„… development of a rights-based approach within EU primary law. The first time that the European Social Charter …” „… social cohesion and prevent current difficulties from degenerating into a major social crisis …”

doi.org/10.5771/9783845249216

Jakub Urbanik, Adam Bodnar - Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

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Jakub Urbanik (ed.), Adam Bodnar (ed.)

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021

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Jakub Urbanik, Paweł Marcisz Juristocracy Rainbow-Tested: The Case of Poland S. 705-742

„… of marriage and modern times’, Fundamina [editio specialis: Meditationes de iure et historia. Essays …” „… the situation of an oppressed minority. Keywords LGBTQ+ rights; Hirschl; Juristocracy; Judicial crisis …” „… Russian society, affirming at the same time its withdrawal from the previous, respective …”

Marek Safjan Symmetry in Search of an Appropriate Response to the Crisis S. 605-622

„… European Union? The alleged crisis of the European Union has been under discussion for a long time and is …” „… without any legal base. At the same time, the crisis of the rule of law does not exclusively manifest …” „… regulations seems to be no longer sustainable in times of the rule of law crisis.47 The field of application …”

Adam Ploszka Efficiency of the European Court of Human Rights Priority Policy. The Case of Applications Related to the Polish Rule of Law Crisis S. 539-554

„… in times of the current crisis. 1 Cf. especially: M. Wyrzykowski, ‘Experiencing the unimaginable: The …” „… OF APPLICATIONS RELATED TO THE POLISH RULE OF LAW CRISIS Abstract The article examines a special …” „… the last three years to the Polish Government which are directly connected with the rule of law crisis …”

Leonard Besselink Some of the Pre-Conditions for Democracy under the Rule of Law S. 83-92

„… Judging constitutional systems that are in crisis can, after a certain point, only be done on the basis …” „… of openness as a major precondition of democracy under the rule of law. The crisis of democracy in …” „… , moral and spiritual crisis. Keywords Constitutional democracy; Backsliding; Legal and political norms …”

Matej Avbelj The Future of Europe beyond the Constitutional Crisis S. 23-34

„… 23 Matej Avbelj THE FUTURE OF EUROPE BEYOND THE CONSTITUTIONAL CRISIS* Abstract If there is to …” „… of professor Wyrzykowski. I had a privilege to meet him for the first time almost seventeen years …” „… further from the truth. At the time of writing in 2020, the European Union, precisely and paradoxically …”

Zdeněk Kühn The Rise and Fall of Central Eastern European Constitutional Courts S. 373-386

„… socialist times prior to 1989 (Poland and Yugoslavia). Keywords Constitutional courts; Constitutional …” „… , the first disruptions to the narrative already appeared at that time. Two decades later, the …” „… . Unlike in Western Europe, where legislative oversight declined over time relative to the role of other …”

Lech Garlicki Polish Judicial Crisis and the European Court of Human Rights (a few Observations on the Ástráðsson Case) S. 169-182

„… 169 Lech Garlicki POLISH JUDICIAL CRISIS AND THE EUROPEAN COURT OF HUMAN RIGHTS …” „… ; Judicial crisis in Poland; the National Council of Judiciary; the Supreme Court of Poland 1. Introductory …” „… observation: since the beginning of the crisis, in the end of 2015, the authorities have adopted numerous …”

Titelei/Inhaltsverzeichnis

„… Περιμένοντας τους Bαρβάρους LAW IN A TIME OF CONSTITUTIONAL CRISIS STUDIES OFFERED TO MIROSŁAW …” „… WYRZYKOWSKI Περιμένοντας τους Bαρβάρους LAW IN A TIME OF CONSTITUTIONAL CRISIS STUDIES OFFERED TO MIROSŁAW …” „… , Siedlce ISBN 978-83-8235-755-4 Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis Studies …”

Gábor Halmai From ‘Illiberal Democracy’ to Autocracy. How Covid-19 Helped to Destroy the Remnants of Democracy in Hungary S. 227-240

„… almost unlimited emergency power of the executive. The misuse of crisis situation again raise the …” „… dealing with the crisis so far.2 Some democracies have performed well, but others have not, and the same …” „… , which have used the crisis through overreaction to give themselves emergency powers, moving them still …”

Christophe Hillion Empowering the Filibuster – the EU General Conditionality Mechanism in the European Council S. 241-256

„… constitutional crisis. Keywords Rule of law; Conditionality; Veto; Compromise; European Council; Commission …” „… - * ‘Don’t take the jesters into outer space (…) | Nothing will make them happy: | not time (too immemorial …” „… crisis. The compromise on the so-called General Conditionality Mechanism,2 which the European Council …”

Andrzej Drzemczewski The Erosion of the Rule of Law and of Judicial Independence in Poland since 2015: the Council of Europe’s Reaction – too Little, too Late? S. 149-168

„… time, by undertaking this overview, I try to explain – but without being able to justify – the (unduly …” „… ‘Poland: From paradigm to pariah? Polish constitutional crisis – Facts and interpretations’ accessible at …” „… , serious violations of the rule of law are detected – some time later – in the event of, for example …”

Dimitry Kochenov Rule of Law as a Tool to Claim Supremacy S. 323-336

„… politicians and the Rule of Law crisis in the new member states of the EU’, European Yearbook of …” „… constraints.31 In the current crisis-rich environment,32 the Union frequently stars as part of the problem …” „… :2013:518). 32 Three equally important facets of the current crisis can be outlined: values; justice; and …”

Jerzy Zajadło Aesthetics of Law: Old Wine in a New Bottle S. 787-796

„… thing as aesthetics of law? Philoso phers of law have been pondering this issue for quite some time. In …” „… research within jurisprudence.2 At the same time he was perfectly aware of uncertainties that such process …” „… spirit of times live in a natural feud.3 Regarding the progressive aestheticization of everyday life …”

Hinnerk Wißmann Liberty and Protection of Life – Border Issues of the Constitutional State S. 763-772

„… Abstract The protection of life is a major challenge for constitutional states at all times. They have to …” „… ). But even beyond this dominant topic it can be observed that we are at a turning point in time: The US …” „… Jurisprudence, the case of a real systemic crisis especially due to Corona was therefore largely beyond the …”

Adam Bodnar The Role of the Commissioner of Human Rights of the Republic of Poland in the Fight for Rule of Law in Poland S. 93-104

„… Poland. Keywords Ombudsperson; Rule of law; Polish Constitutional Crisis 1. Introduction The office of …” „… competences, the Ombudsman became after 1989 a bridge between old and new times, when the state …” „… with the law or whether the Ombudsman was informed in due time about oral hearings. Those procedural …”

Dieter Grimm Judicial Behaviour under Political Pressure S. 219-226

„… judicial behaviour in times of pressure.2 The dilemma that she wants to discuss arises ‘when there is a …” „… Die, New York 2018; M.A. Graber, S. Levinson & M. Tushnet (ed.), Constitutional Democracy in Crisis …” „… fell considerably for a number of months.5 However, as I can say as a judge of the Court at that time …”

Jiří Zemánek Facing Decline of Democracy: The View of the Czech Constitutional Court S. 797-802

„… Elections; European Courts of Human Rights I met Mirosław for the first time in summer 1991 at the Swiss …” „… colleague. Since that time I have had a number of occasions, whether within European Constitutional Law …” „… requirements of constitutionalism, which has its main source in liberal political thought of modern times. No …”

Jiří Přibáň Constitutional Theory and the Imaginary of Human Rights S. 555-566

„… rights; Constitutional imaginaries; Legal philosophy; Jurisprudence; Global law First time I met Mirek …” „… Parsons, critically focusing on the problems of economic and social crisis of the 1930s, came to address …” „… politicise ever more areas of functionally differentiated society. At the same time, they balance similar …”

Regina Kiener, Ivan Gunjic The Election of Federal Judges in Switzerland and the Rule of Law S. 289-300

„… reform of the election process of judges is one of the main reasons for the constitutional crisis in …” „… instance.15 At the same time, all of the federal judiciary, including the Federal Supreme Court, remains …” „… – first-time appointments as well as confirmations in office – take place in two steps: Candidates are …”

Martin Krygier The Spirit of Constitutionalism S. 357-372

„… general assumption was that this was no time for experiments, nor the mutilated post-communist landscape …” „… , whether by unmediated, often quite wild, exercise of power at some times, or by patent …” „… countries,’ at the time (views that I shared), see M. Krygier, ‘Marxism and the rule of law. Reflections …”

Ben Smulders Some Reflections about the Role of the Rule of Law in a Democratic System in which the European Union Operates S. 665-678

„… nature and at the same time necessary to ensure the unity, consistency and effectiveness of its laws and …” „… time depends on that system’s existence. For centuries, much has been written about the legitimacy of …” „… implies at the same time a need to maintain a system of checks and balances also in relation to the …”

Stephanos Stavros Tribunal Established by Law: Some Thoughts on the Guðmundur Andri Ástráðsson v Iceland Judgment of the European Court of Human Rights S. 679-692

„… , also in this volume, L. Garlicki, ‘Polish judicial crisis and the European Court of Human Rights (A few …” „… the short time that had elapsed since AE’s appointment (and the presumably small number of cases she …” „… afforded in this connection by domestic law53 and by the amount of time that has elapsed since the first …”

doi.org/10.5771/9783748931232

Gunnar Hindrichs, Axel Honneth - Freiheit

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Gunnar Hindrichs (ed.), Axel Honneth (ed.)

Freiheit

Series: Geist und Geschichte

Volume 1 2013

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A. Nuzzo Contradiction in the Ethical World: Hegel´s Challenge for Times of Crisis S. 627-648

„… ANGELICA NUZZO, New York Contradiction in the Ethical World: Hegel‟s Challenge for Times of …” „… Crisis There is hardly a philosophical discipline today that has known a wider range of developments …” „… the Philosophy of Right have been and still are commented upon time and again. They are viewed as …”

Titelei/Inhaltsverzeichnis S. 1-8

„… .................................................................. 613 Angelica Nuzzo: Contradiction in the Ethical World: Hegel‟s Challenge for Times of Crisis …”

S. Lukes Markets and Morals S. 461-476

„… discussion to an analysis of what in different times and places people have taken to be the harmful …” „… , Social Protection, Emancipation: Toward a Neo-Polanyian Conception of Capitalist Crisis” in: Calhoun …” „… and “Can Society be Commodified all the way down? Polanyian Reflections on Captialist Crisis …”

M. Rosen Freedom in History S. 535-552

„… understood collectively, in terms of our membership in a community that realizes itself through time. In …” „… tradition of interpreters (reaching back to Heine this time) who downplay the importance of theism in …” „… of the act is in antecedent time, with the result that, the act being no longer in my power but in …”

D. Thomä Hegel - Diderot - Hobbes S. 167-194

„… . 91, 86. 26 Dies ist auch die These von Kahn, Victoria, Wayward Contracts. The Crisis of Political …” „… Theaterleute.35 The public playhouses were born […] at a time when traditional hierarchies were breaking …” „… Samuel Beckett fort. In Waiting for Godot findet sich der Satz: „At this place, at this moment of time …”

doi.org/10.5771/9783465138075

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