{"title":"对欧盟CSDP军事任务中侵犯人权行为的有效补救:人权裁决中的烟雾和镜子?","authors":"Joyce De Coninck","doi":"10.1017/glj.2023.19","DOIUrl":null,"url":null,"abstract":"\n This article considers the structural barriers that exist for individuals to hold the EU responsible for violations of human rights abuses in its CSDP missions, despite the theoretical availability of a framework for remedies. This is a result of jurisdictional complications with CFSP/CDSP measures, attribution difficulties, and ambiguity in what constitutes unlawful human rights conduct. While alternative measures exist to compensate individuals for violation of their rights, these do not align with the often-stated right to an effective remedy within the EU. As such, this Article argues that the field requires serious reform in order to ensure that legal relief for individuals against unlawful conduct by the EU is an effective and enforceable right.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Effective Remedies for Human Rights Violations in EU CSDP Military Missions: Smoke and Mirrors in Human Rights Adjudication?\",\"authors\":\"Joyce De Coninck\",\"doi\":\"10.1017/glj.2023.19\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This article considers the structural barriers that exist for individuals to hold the EU responsible for violations of human rights abuses in its CSDP missions, despite the theoretical availability of a framework for remedies. This is a result of jurisdictional complications with CFSP/CDSP measures, attribution difficulties, and ambiguity in what constitutes unlawful human rights conduct. While alternative measures exist to compensate individuals for violation of their rights, these do not align with the often-stated right to an effective remedy within the EU. As such, this Article argues that the field requires serious reform in order to ensure that legal relief for individuals against unlawful conduct by the EU is an effective and enforceable right.\",\"PeriodicalId\":36303,\"journal\":{\"name\":\"German Law Journal\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2023-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"German Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/glj.2023.19\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"German Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/glj.2023.19","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Effective Remedies for Human Rights Violations in EU CSDP Military Missions: Smoke and Mirrors in Human Rights Adjudication?
This article considers the structural barriers that exist for individuals to hold the EU responsible for violations of human rights abuses in its CSDP missions, despite the theoretical availability of a framework for remedies. This is a result of jurisdictional complications with CFSP/CDSP measures, attribution difficulties, and ambiguity in what constitutes unlawful human rights conduct. While alternative measures exist to compensate individuals for violation of their rights, these do not align with the often-stated right to an effective remedy within the EU. As such, this Article argues that the field requires serious reform in order to ensure that legal relief for individuals against unlawful conduct by the EU is an effective and enforceable right.