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News/Conferences
Lecture
Institute of State and Law ASCR, Center for Law and Public Affairs (CeLAPA) hold
Dr. Elena Loizidou
Law, Love, Anarchism
Date: 28. 5. 2015, 16:00 hod
Place: Institute of State and Law ASCR, Národní 18, Prague 1, floor 7th
Registration: agha@ilaw.cas.cz
Abstract:
Center for Law and Public Affairs (CeLAPA) Vás srdečně zve na přednášku na téma: "Law, Love, Anarchism" kterou přednese Dr. Elena Loizidou a která se koná v zasedačce v 7. patře. Dr. Loizidou by se take rada neformalne seznamila s nasi akademickou komunitou, kdokoliv z vas bych chtel probrat svuj vyzkum, prijdte ji navstvit do kancelare v 6. patre cislo 68, kdykoliv behem ctvrtka 28. května, pripadne kdykoliv po domluve v tydnu od 25/05 - 29/05.
What is the relationship between law, love and anarchism? To address this question requires us to search for the essence of these entities. If critical legal studies have engaged with love as a way of tracking, pointing to us that law has a body- an emotional body here I would like to engage with the ways in which specific writings in, philosophy, law, and anarchism articulate the problematic of love. The aim here is to show that the way that anarchists account for law, demonstrate both, a subjectivity and a way of life that does not count upon law to either live or act, and a critique of law and legally consumed subjectivity that points to the limits of law that may have not otherwise been addressed by general jurisprudence. The paper will offer an anarchist critique of law and will focus on the anarchist ethos.
Dr Elena Lozidou is a Reader in Law and Political Theory at the School of Law, Birkbeck College. She is the author of Judith Butler: Ethics, Law, Poltics (2007) and the editor of Disobedience, sujectively speaking. Disobedience Theory and Practice (2013). She is on the Editorial Board of the Journal of Law and Critique and has published on the online blog critical legal thinking.
Lecture
Prof. Dr. Ivana Jelić
(Faculty of Law, University of Montenegro, UN Human Rights Committee member, 2nd Vice Chair of the Advisory Committee on the Framework Convention for the Protection of National Minorities)
“Minority Rights Protection at Universal and European
Legal Perspective”
Date: 8. 6. 2015, 14.30 hod
Place: Akademie věd ČR, Národní 3, Praha 1, No. 108
Registration: mullerova@ilaw.cas.cz
Invitation zde.
Abstract:
Protection of human rights in the age of multiculturalism is all about obtaining respect of two basic principles: respect of diversity and prohibition of discrimination. Both principles are indispensably conditia sine qua non for national, ethnic, religious and cultural minority rights promotion, respect and protection. In fact, level of minority rights protection is a parameter of democracy in every multicultural state.
International law, both at the universal and European levels, set the standards of individual minority rights protection, i.e. rights of the persons belonging to national, ethnic, cultural or religious minorities. The essence of such a protection has two aspects: providing for minority’s survival and preservation of a minority identity. Those are also seen as the core minority rights from which a specific catalogue of individual minority rights derives, such as right to use of minority language and script, right to education in minority language and in accordance with minority culture, history and tradition, right to use minority national symbols, right to public participation, etc.
Although minority rights legal protection is dominantly directed towards individual rights, it is evident that there is important collective dimension of such a protection, especially concerning the rights where interaction among minority members or representation of a group is in question. Here, important assistance to international legal order arrives from the soft law, especially through the recommendations and guidelines of the OSCE High Commissioner for National Minorities.
At universal level, there is a modest legal protection – article 27 of ICCPR and 1992 UN Declaration concerned. However, there is also jurisprudence of the human rights treaty bodies, such as the Human Rights Committee which case-law concerned would be presented in the lecture, especially in connection with debate on the relationship between two concepts of minority rights protection: individual or collective protection.
The most comprehensive minority rights protection is realized at the European level. Namely, two legally binding treaties of the Council of Europe - FCNM and ECRML – as well as jurisprudence of its monitoring treaty bodies – Advisory Committee on FCNM and Expert Committee of ECRML give great contribution to application of minority rights throughout Europe. There are, however, several cases of multicultural states that do not accept and recognize existence of minorities, where there is need for rethinking of their concepts. The shortcomings and improvements in particular countries would be presented through an overview of the recent jurisprudence of the ACFC.
In addition, the ECtHR through its jurisprudence relating to the Art 14 of the ECHR and Protocol 12 gives significant impact on better understanding of necessity for equality in public participation rights (ex. Case of Sejdić and Finci v. Bosnia and Herzegovina) and so contributing to improvement of respect of minority rights protection standards.
The lecturer would like to cover all the above-mentioned aspects of contemporary minority rights protection, especially through her experience as a member of relevant human rights treaty bodies at the UN and European level.
Lecture
Institute of State and Law ASCR, Center for Law and Public Affairs (CeLAPA) hold
Christian Joerges
What is left of the European Economic Constitution?
Date: 2. 4. 2015, 14.00 hod
Place: Institute of State and Law ASCR, Národní 18, floor 7th
A spectre is haunting Europeanists. The spectre is German ordo-liberalism, allegedly inspiring the crisis management which the Union’s most powerful Member State orchestrates through the imposition of budgetary discipline and austerity politics. The spectre is accompanied by another story of German descent, albeit a more comforting one: the “social market economy”, the social model of the young Federal Republic, a successful synthesis between an efficient (now: “highly competitive”) market economy and social justice in the formative phase of the Federal Republic which was allegedly incorporated first into the Draft Constitutional Treaty of the European Convention and then the Treaty of Lisbon (Art. 3(3) TFEU) European commitment pace Article, allegedly inspired by Germany’s post-war social model but now betrayed by its turn to austerity politics. Both narratives are flawed. Precisely the flaws a re nevertheless instructive. Contrary to prevailing perceptions, the European monetary union was no “economic constitution” in the ordo-liberal sense. What the Maastricht Treaty has institutionalised was instead a “diagonal conflict” which is resistant legal rule. The turn to an authoritarian managerialism in the European crisis can be deciphered on that background. The new modes of economic governance with their focus on financial stability and competiveness have also deconstructed what was held to be the “European social model”. Europe seems to be exposed to a state of emergency. If that is an adequate characterisation, we have to find out how it may be possible to regain a constitutionals condition.
Christian Joerges is a part-time Professor of Law and Society at the Hertie School of Governance (Berlin), a Research Professor at the Law Faculty of Bremen University and Co-Director of the Centre of European Law and Politics. Until 2007 he held the chair for European Economic Law at the European University Institute Florence. He has published extensively on the Europeanization of private and economic law, transnational risk regulation and governance structures. His Darker Legacies of Law in Europe (ed. with Navraj Ghaleigh, 2003) received 28 reviews. His most recent publication is The European Crisis and the Transformation of Transnational Governance. Authoritarian Managerialism versus Democratic Governance (ed. with Carola Glinski), Hart Publishing 2014.
workshop
Institute of State and Law ASCR hold
WORKSHOP
New trends in the constitutional development of the states after the financial-economic crisis in 2008
Date: 19. 1. 2015, 13.00 hod
Place: Institute of State and Law ASCR, Národní 18, floor 7th
Institute of State and Law ASCR, Center for Law and Public Affairs (CeLAPA) and Research Unit for Medical Law and Bioethics hold
WORKSHOP
The Law and Ethics of Age Limits - Czech perspectives
Date: 15. 1. 2015
Place: Institute of State and Law ASCR, Národní 18, Prague 1
Convenors: Adam Doležal (CeLAPA, Research Unit for Medical Law and Bioethics) and Axel Gosseries (Louvain and Franz Weyr Fellow, CeLAPA)
This workshop will aim at discussing specific uses of age limits in law and practice, in employment, pensions, insurance, health care, etc. Papers involving a a detailed analysis and a critical discussion of specific practices, will be especially encouraged, as well as comparisons between age limits against the young and against the elderly, between labour practices and health practices, etc. Priority will be given to paper focusing at least in part on the Czech and Slovak contexts, although sumissions that don’t have this dimension will also be considered.
Program: Chair: Axel Gosseries13.30 - presentation
14.00 -
Adam Doležal - Organ transplantation and age discrimination in Czech Republic. Should the law be changed?14.45 -
Zuzana Zoláková - Regulating access to assisted reproduction technologies: Does the law limit access to ART by age? And should it?15.30 - coffee break
16.00 -
Helena Krejčíková - Should age matter in treating patients with dementia?16.45 -
Martin Štefko - Age Discrimination in the Czech Labour Market17.30 - concluding words