Relevant bibliographies by topics / Greece Jurisprudence

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Academic literature on the topic 'Greece Jurisprudence'

Author: Grafiati
Published: 4 June 2021
Last updated: 13 February 2022

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Journal articles on the topic "Greece Jurisprudence"

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Calo, Zachary R. "Pluralism, Secularism and The European Court of Human Rights." Journal of Law and Religion 26, no. 1 (2010): 261–80. http://dx.doi.org/10.1017/s0748081400000977.

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The Article 9 religious freedom jurisprudence of the European Court of Human Rights most basically concerns the question of religious pluralism. The “principle of pluralism seems to be the main—the core—principle” guiding the Court's religious freedom jurisprudence, argues one of the Court's judges. Assessing the Court's work in the area of religious freedom therefore requires considering its treatment of pluralism, which is the concept most often employed to interpret Article 9 of the European Convention on Human Rights. The Court's approach to religious pluralism is still heavily indebted to
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Duxbury, Neil. "Foundations of legal tradition: the case of ancient Greece." Legal Studies 9, no. 3 (1989): 241–60. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00649.x.

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Much has often been made of Maine's striking opening sentence to his Ancient Law, in which he states that the most celebrated system of jurisprudence in the world, the Roman law system, ‘begins, as it ends, with a code.’ It is a remark which serves well those who argue that law has evolved as a predominantly written culture. Yet, as Maine points out, the publication of the Twelve Tables (these traditionally being regarded as the foundation of Roman law) ‘is not the earliest point at which we can take up the history of law.’
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Nakajima, Kei. "Parallel Universes of Investment Protection? A Divergent Finding on the Definition of Investment in the icsid Arbitration on Greek Sovereign Debts." Law & Practice of International Courts and Tribunals 15, no. 3 (2016): 472–90. http://dx.doi.org/10.1163/15718034-12341334.

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As exemplified by the three icsid cases brought by Italian bondholders against Argentina, arbitral tribunals have tended to interpret broadly the term ‘investment’ in applicable bits. However, the tribunal in Poštová banka v. Greece came to the opposite conclusion: the series of Greek sovereign bonds in question did not constitute a protected ‘investment’. Although the tribunal carefully scrutinized the specificity in phrasing in the applicable bits so as to justify its divergent conclusion, some commentators still find inconsistencies with previous jurisprudence. This article examines the int
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Psychogiopoulou, Evangelia. "Judicial Dialogue in Social Media Cases in Europe: Exploring the Role of Peers in Judicial Adjudication." German Law Journal 22, no. 6 (2021): 915–35. http://dx.doi.org/10.1017/glj.2021.57.

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AbstractThis Article aims to examine the social media jurisprudence of national courts in a selected set of EU Member States by focusing on judicial dialogue specifically via references to the case law of other courts. Do judges in social media cases engage with the case law of peers, and if so how and to what extent? The analysis investigates whether national judges draw on the jurisprudence of higher domestic courts, foreign courts and/or European supranational courts—the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR)—and explores the use of such
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Bederman, David J. "Jurisprudence of the Foreign Claims Settlement Commission: Albania Claims." American Journal of International Law 106, no. 2 (2012): 271–94. http://dx.doi.org/10.5305/amerjintelaw.106.2.0271.

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Albania ranks among the smallest and poorest countries in Europe, located on the Adriatic and Ionian Seas just north of Greece. It gained its independence from the Ottoman Empire in 1912 (accounting for the fact that a majority of the population is Muslim) and subsisted as a monarchy for much of the interwar period. Albania was occupied by Italy (and then Nazi Germany) for all of the Second World War. Communist partisans expelled the Germans in 1944, without the assistance of Soviet forces, and thus began nearly a half-century of a totalitarian, isolationist rule by an extremely repressive Com
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Vickers, Lucy. "Freedom of Religion or Belief and Employment Law." Religion and Human Rights 12, no. 2-3 (2017): 164–73. http://dx.doi.org/10.1163/18710328-12231146.

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Abstract This article explores the extent to which the jurisprudence of the European Convention on Human Rights has promoted the protection of freedom of religion or belief in the context of the workplace since the decision in Kokkinakis v. Greece. As a preliminary question, it explores whether and why freedom of religion or belief extends to the employment relationship. It then considers two main areas where freedom of religion or belief interacts with employment: the rights of religious workers to manifest religion or belief at work, and the rights of religious organisations to impose religi
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Kaburakis, Anastasios, and Ryan M. Rodenberg. "EU GAMBLING AT THE INTERSECTION OF POLICY AND LITIGATION." Journal of Gambling Business and Economics 5, no. 2 (2013): 1–9. http://dx.doi.org/10.5750/jgbe.v5i2.566.

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Given its high level of regulation, the gambling industry must be able to react quickly to litigation and resulting change in policy (and enforcement thereof). Using a case study approach, this short paper highlights how the twin issues of policy and litigation have recently impacted the gambling industry in the European Union. Examples focus on recent developments in the EU that outline the relevant contours of the European Court of Justice’s jurisprudence, with a special emphasis on the dynamic situation in Greece. These examples shape the ensuing discussion of the future of both the regulat
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Anagnostou, Dia, and Liviu Andreescu. "The European Court of Human Rights in National Struggles around Religion and Education." Politics and Religion 12, S1 (2018): S134—S150. http://dx.doi.org/10.1017/s175504831800007x.

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AbstractThis paper analyzes comparatively the indirect effects of the European Court of Human Rights (ECtHR) judgments related to religion and education in four countries: Greece, Italy, Romania, and Turkey. It examines whether and how ECtHR jurisprudence on religion and education influences the views and the strategies deployed by various categories of actors. Do religious, secularist, minority, and other actors invoke these judgments and their normative principles in their discourse and mobilization strategies to promote religious pluralism or conversely religious values, in education? How a
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Moreno-Lax, Violeta. "Dismantling the Dublin System: M.S.S. v. Belgium and Greece." European Journal of Migration and Law 14, no. 1 (2012): 1–31. http://dx.doi.org/10.1163/157181612x627652.

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Abstract The Dublin Regulation establishes criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in the European Union by a third-country national. The system is based on the presumption that Member States may be considered ‘safe countries’ for asylum seekers, for which reason transfers from one Member State to another are supposed not to violate the principle of non-refoulement. The fact that all Member States have acceded to the 1951 Refugee Convention and to the European Convention on Human Rights, that they share a pledge to est
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Anagnostou, Dia. "Gender Constitutional Reform and Feminist Mobilization in Greece and the EU: From Formal to Substantive Equality?" Canadian Journal of Law and Society / Revue Canadienne Droit et Société 28, no. 02 (2013): 133–50. http://dx.doi.org/10.1017/cls.2013.18.

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Abstract Over the past fifteen years, substantive equality and the idea of positive measures to tackle the structural roots of gender inequality have increasingly gained currency in Europe. Focusing on the case of Greece, this article explores the factors that promote constitutional and statutory reforms to promote substantive equality, and examines the effect of such reforms on gender equality rights and policy. It argues that domestic legal and social mobilization by feminists, who participated in transnational networks, were instrumental in the diffusion of the relevant EU and international
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Dissertations / Theses on the topic "Greece Jurisprudence"

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Sotiropoulos, Michail. "European jurisprudence and the intellectual origins of the Greek state : the Greek jurists and liberal reforms (ca 1830‐1880)." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9111.

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This thesis builds on, and contributes to recent scholarship on the history of nineteenth‐century liberalism by exploring Greek legal thought and its political implications during the first decades after independence from the Ottomans (ca.1830‐1880). Protagonists of this work of intellectual history are the Greek jurists—a small group of very influential legal scholars—most of whom flocked to the Greek kingdom right after its establishment. By focusing on their theoretical contributions and public action, the thesis has two major contentions. First, it shows that the legal, political and econo
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Savaget, Nascimento Pedro. "The Roman concept of 'culpa' : a contextualist perspective from drama to jurisprudence." Thesis, University of Birmingham, 2018. http://etheses.bham.ac.uk//id/eprint/8220/.

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This thesis investigates how we can better appreciate the Roman concept of culpa without incurring in a contemporary falsification of its original rationale. Using a revisited version of Quentin Skinner’s contextualism in light of Gadamer’s hermeneutics, it proposes a deep immersion into the uses of culpa by authors representing different forms of literary expression: Plautus (comedy), Catullus (neoteric poetry), Lucretius (philosophy), Cicero (rhetoric) and Ulpian (jurisprudence). This selection is justified not only by their diverse literary achievements, but also by the satisfactory state o
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Mallory, Chaone. ""Subject to the laws of nature" : ecofeminism, representation, and political subjectivity /." view abstract or download file of text, 2006. http://proquest.umi.com/pqdweb?did=1283960851&sid=2&Fmt=2&clientId=11238&RQT=309&VName=PQD.

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Thesis (Ph. D.)--University of Oregon, 2006.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 176-185). Also available for download via the World Wide Web; free to University of Oregon users.
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Books on the topic "Greece Jurisprudence"

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Law, violence, and community in classical Athens. Cambridge University Press, 1995.

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Jurisculture. Transaction, 1989.

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Kapparis, Konstantinos A. Athenian Law and Society. Taylor & Francis Group, 2018.

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Athenian Law and Society. Taylor & Francis Group, 2018.

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Kapparis, Konstantinos A. Athenian Law and Society. Taylor & Francis Group, 2018.

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Kapparis, Konstantinos A. Athenian Law and Society. Taylor & Francis Group, 2018.

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Kapparis, Konstantinos A. Athenian Law and Society. Taylor & Francis Group, 2018.

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Dorsey, Gray L. Jurisculture: Greece and Rome (Jurisculture). Transaction Publishers, 1988.

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Sezgin, Yüksel. Reforming Muslim Family Laws in Non-Muslim Democracies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198788553.003.0008.

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Israel and Greece belong to a small group of countries that formally recognize and apply Muslim Family Laws (MFLs) within their legal systems. Although state-enforced MFLs affect human and women’s rights negatively, both Greek and Israeli governments have refrained from direct legislative interventions into substantive MFLs under their jurisdictions. Instead, they allowed civil courts to play the role of “reformer.” In this respect, the chapter asks whether civil courts in these two non-Muslim countries have been able to effect any substantive or procedural changes in MFLs. By analyzing the Is
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Paul, Vinogradoff. Outlines of Historical Jurisprudence. Lawbook Exchange Ltd, 1999.

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Book chapters on the topic "Greece Jurisprudence"

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Stamatis, Constantinos. "Chapter 15 A Historical Survey of Legal Reasoning and Philosophy in Greece during the 20th Century." In A Treatise of Legal Philosophy and General Jurisprudence. Springer Netherlands, 2016. http://dx.doi.org/10.1007/978-94-007-1479-3_15.

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Zimmermann, Andreas. "Would the World Be a Better Place If One Were to Adopt a European Approach to State Immunity? Or, ‘Soll am Europäischen Wesen die Staatenimmunität Genesen’?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_12.

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AbstractThis chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
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Toprak, Zafer. "From Plurality to Unity: Codification and Jurisprudence in the Late Ottoman Empire." In Ways to Modernity in Greece and Turkey. I.B.Tauris, 2007. http://dx.doi.org/10.5040/9780755622184.0007.

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Tsiftzis, Zafeiris, and Iliana Kynigopoulou. "Providente Asylum vs. the Council of Europe." In Immigration and the Current Social, Political, and Economic Climate. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-6918-3.ch033.

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The existing European legislative frameworks seem to be unable to deal with the huge amount of refugees. Greece failed to fulfil its obligations according to the European Union Dublin Regulation and allowed refugees to move on a country of their choice. Therefore, taking into account the difficulties that the European states have to face regarding the increasing flow of refugees, the present chapter reviews the existing jurisprudence of the European Court of Human Rights regarding the protection of refugees, in order to explain whether the CoE Member States have obligation to protect and promote the rights of refugees. Moreover, it focuses on the contribution of the Council of Europe in the harmonisation of national policies towards the treatment of refugees. Finally, it assesses the Greek policies with regard to the treatment of refugees and suggests improvements in accordance with the Council of Europe's recommendations.
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Raimondi, Guido. "INTRODUCTORY NOTE." In The Global Community Yearbook of International Law and Jurisprudence 2019. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197513552.003.0026.

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The Grand Chamber delivered fourteen judgments and one decision in 2018. In Naït-Liman v. Switzerland, concerning the victims of acts of torture, the Court ruled on whether the national courts are required to examine compensation claims in cases where the alleged acts of torture were committed outside the national territory by, or under the jurisdiction of, a third state (Article 6). In S., V. and A. v. Denmark, the Court had the chance to revisit its previous case-law regarding preventive detention. In Navalnyy v. Russia, the Court examined whether the arrest on several occasions of an opposition political activist who was detained and penalised for taking part in public gatherings was compatible with Articles 5, 6, and 11. Finally, in Molla Sali v. Greece, the Court examined a case concerning the application of Islamic religious law (Sharia law) to an inheritance dispute against the wishes of the beneficiary of the will.
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Markakis, Menelaos. "Judicial Review of Economic (and Monetary) Policy: The National Courts." In Accountability in the Economic and Monetary Union. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198845263.003.0007.

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This chapter examines the jurisprudence of national courts on crisis-related measures. The material presented in this chapter will be divided into two parts. First, this chapter will examine some of the most important judgments delivered by courts in lender states during the Euro crisis, the emphasis being on the jurisprudence of the German Federal Constitutional Court. These cases primarily focus on the effects of financial assistance mechanisms and revised EU fiscal governance rules on the principle of democracy, parliamentary prerogatives, and national budgetary powers. A further strand of case law focuses on the measures adopted by the European Central Bank. Second, this chapter will look at review by national courts in borrower states, the principal focus being on social challenges brought by austerity-hit litigants in Greece. The comparative analysis sheds light on the different types of challenge facing courts in borrower and lender states, as well as the different starting points and the subtle differences in the reasoning provided by courts in their judgments. As regards borrower states in particular, the twin challenge is to examine to what extent litigants had any success in challenging in national courts the bailout conditions; and the extent to which arguments about civil or socio-economic rights had purchase at national level. The chapter further looks at review by national courts in other jurisdictions, as well as review by supranational and international courts or bodies. Last, it puts forward a number of ideas on fundamental rights adjudication in times of economic crisis.
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Bakavou, Maria. "Salus Rei Publicae Suprema Lex Esto? Welfare State Reforms Before the Greek Courts." In European Welfare State Constitutions after the Financial Crisis. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198851776.003.0006.

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Having been seriously hit by the financial crisis, Greece was forced to implement reforms in the public social security system, aiming at securing the future financing of social policy measures, at reducing the public expenses through cuts of benefits, and at saving administrative costs by rationalising the management of social policy institutions. In the last years of the financial crisis a general reform took place aiming at stabilising the social security system. Given the cuts experienced by big parts of the population, several applications of annulment were brought before the Council of State. The jurisprudence of the court shows a gradual shifting: in the years 2012–2014 it upheld the constitutionality of the imposed measures, which were viewed as part of the general framework aiming to curb the public deficit. But in 2015 the ruling, in the face of the cumulative force of reductions on people’s income, was that the legislator must not only preserve a subsistence minimum but a decent standard of living for the citizens. Essentially, it was a signal that while the reduction of the public deficit remained mandatory, it was high time that the legislation sought other alternatives than minimising the welfare state.
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Akrivopoulou, Christina M. "The Right to Public Privacy under Surveillance." In Advances in Human and Social Aspects of Technology. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-4666-0891-7.ch003.

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This chapter is critically commenting on the augmenting policy of public surveillance through the ‘Public Camera Surveillance’ system (CCTV technology) in Greece and in other countries such as the UK, USA, Canada, and Australia. It presents the arguments in favor and against such policies and the main threats that such policy-making poses for the freedom of the individual as represented in the relevant jurisprudence of the ECtHR. The main argument of the presentation underlines the need for the interpretive deduction of a right to anonymity or otherwise of a right to public privacy from the traditional notion of privacy. This right enables the individual to enjoy his/her privacy in public, thus allowing him/her to circulate in public assured that his/her presence will remain anonymous and permitting him/her to merge within the rest of the crowd. Such a right is specifically valuable in order to protect the political autonomy of the individual as a participant of demonstrations and public movements or manifestations under the precondition that his/her deeds do not merit the state’s intervention. The presentation closes with some remarks on the changing social and political ethos that brings forward the demand of public surveillance as a need for public safety.
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Wacks, Raymond. "9. Theories of justice." In Understanding Jurisprudence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198806011.003.0009.

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There is considerable injustice in our world: economic, social, and political inequality renders the need for clarity in the formulation of specific theories of justice. The subject is always both contentious and complex. Theories of justice have, since the time of the Greeks been an important element in moral, political, and legal theory which has generated a vast literature. This chapter focuses on four main theories of justice: utilitarianism; the economic analysis of law; John Rawls’s influential theory of ‘justice as fairness’; and Robert Nozick’s ‘entitlement theory’ of justice, equality, and the ‘capability’ approach advanced by Amartya Sen and Martha Nussbaum.
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Wacks, Raymond. "9. Theories of justice." In Understanding Jurisprudence. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198864677.003.0009.

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Theories of justice are at the heart of any serious analysis of law and the legal system. They are an important feature of moral, political, and legal theory. From the Greeks to the present day the question of what constitutes a just society is a fundamental philosophical and practical concern. The disparities in wealth and living conditions between rich and poor countries generates a need for ‘global justice’ that applies to the world at large. This chapter analyses several theories of justice: utilitarianism; the related economic analysis of law; John Rawls’s influential theory of ‘justice as fairness’; Robert Nozick’s ‘entitlement theory’ of justice; the concept of equality; and the novel ‘capability’ approach.
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