Published by De Gruyter

Volume 7 Issue 3

Issue of ICL Journal

Contents
Journal Overview

Publicly Available February 8, 2017

Articles

February 8, 2017

Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe

Benito Aláez Corral

Page range: 275-307

Abstract

This work deals critically with the Islamic full veil ban in public spaces, that is starting to be adopted in some European countries and is being echoed in some regulations in Spanish municipalities. After a brief analysis of the general bans recently passed in Belgium and France and of the partial bans adopted in schools by other countries, like Germany, Italy or the UK, the article analyses the constitutionality of the recently approved municipal bans in Spain from a constitutional perspective, including the case-law of the European Court of Human Rights. The author reaches the conclusion that according to the Sp Const 1978 an adequate interpretation of the limitations to the freedom of religion and the right to one’s own image, involved when wearing an Islamic full veil, would make a general ban on the full veil in each and every public space unconstitutional, but would allow its partial ban regarding the access to municipal buildings or services or regarding teachers and pupils at schools, as far as these partial bans could be justified by constitutional values like safeguarding of public institutions or services, or protecting the fundamental rights of others. `

February 8, 2017

Animals as Sentient Beings

On Animal Welfare, Public Morality and Ritual Slaughter

Carla M. Zoethout

Page range: 308-326

Abstract

The twenty-first century is witnessing a number of initiatives to improve the living conditions of animals - worldwide, at the regional and the national level. While the debate on which status should be granted to animals is still undecided, a consensus has emerged about the need for animal welfare and the (moral and legal) obligations of humans towards non-human animals. Today, animal welfare and our moral obligations towards animals have come to be accepted as part of public morality. This article draws attention to this change in moral and legal thinking over the past decades. The consequences of this change are put to the test with regard to a specific protective measure concerning animals - the prohibition of un-stunned (ritual) slaughter. It will be argued that if public morality in the 21st century does indeed include respect for the welfare of animals, it may serve as a legitimate aim to limit the freedom of religion and with that, the practice of un-stunned ritual slaughter.

February 8, 2017

Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?

Rebecca Welsh

Page range: 327-348

Abstract

This article considers why Argentina and Brazil have resisted global trends and pressures towards the adoption and implementation of laws criminalising acts of terror. It is argued that the development of Argentine and Brazilian understandings of ‘terrorism’, resulting from the considerable experience of each nation with state and insurgent terror, has led to persistent anti-counter-terrorism-law policies. Some lessons are drawn from this discussion to educate the evolution of counter-terrorism law and policy more widely.

Notes

February 8, 2017

Present and Future Relations between the ECJ and the ECtHR

Rosmarie Doblhoff-Dier, Sandra Kusmierczyk

Page range: 349-367

Abstract

By acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a milestone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agreement with the principle of autonomous interpretation of European Union Law: a highly relevant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibility of the finalized draft agreement with the Treaties - the next hurdle for accession.

Developments Austria

February 8, 2017

Focus: Same-Sex Partnership in Austria

Valerie Trofaier-Leskovar

Page range: 368-371

February 8, 2017

Same-Sex Partnership and right to a name

Andreas Lopatka

Page range: 372-377

February 8, 2017

The competence of the District Administrative Authority instead of the Office for matters of Personal Status to conclude a registered Partnership

Beate Sündhofer

Page range: 378-380

February 8, 2017

Non-Discrimination between Weddings and the Conclusion of Registered Partnerships: The Ferris Wheel goes round?

Elke Danner

Page range: 381-384

February 8, 2017

ESM Treaty in accordance with the Austrian constitution

Claudia Mayer

Page range: 385-400

Developments CEE

February 8, 2017

Hungarian Constitutional Court: The Rules of Criminal Procedure in High Priority Cases

Bence Mészáros

Page range: 401-404

February 8, 2017

Slovak Constitutional Court: Interpretation of the Constitution established a new gap in the constitutional system

Lucia Mokrá

Page range: 405-412

About this journal

Objective
The Vienna Journal on International Constitutional Law (ICL Journal) is dedicated to the advancement of legal knowledge in the field of International Constitutional Law. Advised by a body of distinguished jurists the Journal publishes high-standard peer-reviewed contributions by scholars and legal professionals from around the globe. 　

Topics

European Constitutional Law
Public International Law
Constitutionalization of International Law
Internationalization of Constitutional Law
Migration of Constitutional Ideas
Legal Theory
Comparative Constitutional Law

By linking these select perspectives the Journal endorses an approach towards a coherent understanding of International Constitutional Law, thus preparing the ground for novel answers to the challenges of a changing global legal framework. The Journal addresses the global scientific community, scholars and researchers in various disciplines working in the field of International Constitutional Law. Moreover, the Journal provides information on recent constitutional developments relevant to practitioners as well as academics, particularly by monitoring the case law of Constitutional Courts in Central and Eastern Europe.

Article formats
Research articles, notes & essays, reports, book reviews.

Volume 7 Issue 3

Issue of ICL Journal

Inhalt

Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe

Abstract

Animals as Sentient Beings

On Animal Welfare, Public Morality and Ritual Slaughter

Abstract

Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?

Abstract

Present and Future Relations between the ECJ and the ECtHR

Abstract

Focus: Same-Sex Partnership in Austria

Same-Sex Partnership and right to a name

The competence of the District Administrative Authority instead of the Office for matters of Personal Status to conclude a registered Partnership

Non-Discrimination between Weddings and the Conclusion of Registered Partnerships: The Ferris Wheel goes round?

ESM Treaty in accordance with the Austrian constitution

Hungarian Constitutional Court: The Rules of Criminal Procedure in High Priority Cases

Slovak Constitutional Court: Interpretation of the Constitution established a new gap in the constitutional system