The article outlines a brief constitutional-institutional scenario of the Netherlands as background to analyze two paradigmatic cases, the Urgenda case and the childcare allowance scandal. These... Show moreThe article outlines a brief constitutional-institutional scenario of the Netherlands as background to analyze two paradigmatic cases, the Urgenda case and the childcare allowance scandal. These two cases bring to light different behaviours of the judge in offering legal protection to fundamental rights. The analysis of these cases in the Dutch model, in which there is no judicial constitutional review, is enlightening about the new challenges faced by the State -climate change and the advent of the digital era- and the need to rethink the theory of separation of powers aiming to offering effective legal protection to fundamental rights. Show less
Note: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of... Show moreNote: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of such organisations in international affairs.Private parties are increasingly impacted by the actions of international organisations. This underscores the need for a proper understanding of the accountability of such organisations and, more specifically, their responsibility in a legal sense. This dissertation concerns the liability of international organisations towards private parties (excluding the personnel of the organisation).As a rule, when an international organisation is sued before a domestic court, the former can claim immunity from jurisdiction. Accordingly, the dispute cannot be adjudicated by such a court. That is essential to safeguard the independence of international organisations.At the same time, international organisations often are under a treaty obligation to provide alternative remedies for the settlement of disputes of a ‘private law character’. It is submitted that in discharging that obligation, organisations should adopt a systematic approach in conformity with the rule of law. That is needed both to bolster the jurisdictional immunity of such organisations and to increase their legitimacy. The dissertation sets forth proposals based on such an approach. In doing so, the ultimate purpose of the study is to contribute to enhancing the effectiveness of international organisations. Show less
There has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a... Show moreThere has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a period that hosts the first legal actions vis-à-vis the agency and a series of relevant non-judicial investigations, including by the European Parliament, this dissertation aims to address the main problem underlying these accountability efforts, namely the ‘problem of many hands’. As conceptualised by Dennis Thompson, this problem is where the multiplicity of the actors involved obscures the various responsibilities and creates gaps in accountability.To address it, this work contests the dominant ways of looking at the concepts of responsibility and accountability, and reimagines them for their optimal function.It adopts a holistic approach, taking into account not only judicial, but also other forms of accountability, studying not only EU liability law, but also other legal remedies before the CJEU, the ECtHR, and domestic courts, building bridges between international and EU law, and traveling from the empirical to the conceptual, to the normative, and from there to the applied.It creates the foundations for the accountability of the agency inside and outside courts, within the EU borders and beyond. Show less
The United Nations has established at least thirty international commissions of inquiry to examine situations of mass atrocities. These bodies resemble legal processes in some ways, while remaining... Show moreThe United Nations has established at least thirty international commissions of inquiry to examine situations of mass atrocities. These bodies resemble legal processes in some ways, while remaining non-legal in others. This research explores UN atrocity inquiries’ turn to international law and their navigation of considerations of principle and pragmatism to discern their identity in the international legal order. The thesis traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Commissions seeking to promote accountability and the rule of law are linked to truth-seeking, giving a voice to victims, condemning violations, raising alert and provoking corrective action. Yet, commissions’ interpretations of their mandates, legal analysis, findings and recommendations reveal an awareness of their liminal position between international law and politics. Their informality renders commissions well-placed to propose innovative legal interpretations, draw attention to violations and catalyse follow-up, while space is retained for diplomatic approaches and discretion in implementing recommendations. In short, UN atrocity inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts. Show less
In the latest twenty years we have witnessed an exponential proliferation of international commissions of inquiry mandated to investigate serious violations of international law. However, the... Show moreIn the latest twenty years we have witnessed an exponential proliferation of international commissions of inquiry mandated to investigate serious violations of international law. However, the inquiry tool has been originally institutionalised at the beginning of the 20th century as mean of preventive diplomacy aimed at stating the facts for dispute settlement purposes. Since then inquiries have significantly evolved into mechanisms that denounce and shed light on serious violations of international law in order to provoke a response by the international community. What are the underlying causes of this new role and of the recent surge of inquiry commissions? Should commissions of inquiry be viewed as merely fact-finders or as law-applicable/adjudication bodies? Should their tasks be confined to finding the facts or may they perform more dynamic and political roles such as raising alert and provoking reactions? What (arguably) should be the role of commissions of inquiry in the criminal accountability process? These and other questions are the core of this academic contribution which, through a comprehensive analysis of the work and practice of commissions of inquiry, aims to shed more light on a topic that has increasingly become the focus of intense debate among academics, practitioners and international decision-makers. Show less
