Ms Carole Lyons' Outputs (29)

European human rights in the era of pushbacks: some current issues. (2024)
Presentation / Conference Contribution
LYONS, C. 2024. European human rights in the era of pushbacks: some current issues. Presented at 2024 Scottish international law conference: human rights incorporation, 10-11 September 2024, Stirling, UK.

This paper reflects on some key developments in relation to "pushbacks" at both the European Court of Human Rights and the Court of Justice of the European Union. The reflection will be set in the context of the complementarity, and otherwise, that e... Read More about European human rights in the era of pushbacks: some current issues..

A new legal order of international law: Scottish judges and the shaping of a supranational union. (2023)
Presentation / Conference Contribution
LYONS, C. 2023. A new legal order of international law: Scottish judges and the shaping of a supranational union. Presented at Scotland and the European Court of Justice, 1973-2023: looking back and thinking forward, 8-9 December 2023, Nijmegen, Netherlands.

This presentation examines the role of Scottish judges within the European Court of Justice, exploring their legacy and impact on the EU.

Human rights and the war in Ukraine. [Blog post] (2023)
Digital Artefact
LYONS, C. 2023. Human rights and the war in Ukraine. [Blog post]. Posted on the RGU Law School Blog [online], 19 April 2023. Available from: https://rgulaw.blog/2023/04/19/human-rights-and-the-war-in-ukraine/

The 1940 Katyn massacre, and its unexpected confluence with contemporary European human rights standards, is evoked here so as to give some context to an overview of the human rights consequences of Russia's invasion of Ukraine in February 2022. Whil... Read More about Human rights and the war in Ukraine. [Blog post].

Borders of convenience: European legal measures and the migration crisis. (2023)
Book Chapter
ARNELL, P. and LYONS, C. 2023. Borders of convenience: European legal measures and the migration crisis. In Zaman, Q.M. and Hall, G.G. (eds.) Border urbanism: transdisciplinary perspectives. Cham: Springer [online], chapter 26, pages 421-431. Available from: https://doi.org/10.1007/978-3-031-06604-7_26

The migration crisis has posed fundamental questions for European institutions. Amongst these are whether EU human rights reality matches its rhetoric. The answer is a resounding no. The reaction of the EU to the crisis has entailed an abdication of... Read More about Borders of convenience: European legal measures and the migration crisis..

Human rights and the Ukraine War. (2023)
Presentation / Conference Contribution
ARNELL, P. and LYONS, C. 2023. Human rights and the Ukraine War. Presented at the February 2023 In conversation with Paul Arnell and Carole Lyons webinar, 8 February 2023, [virtual event].

In this webinar, Paul Arnell and Carole Lyons (both affiliated with Robert Gordon University) discsuss the war in Ukraine from the Council of Europe perspective, focusing particularly on the human rights dimension. This webinar will focus on the Coun... Read More about Human rights and the Ukraine War..

Brexit done: the promised land? (2021)
Presentation / Conference Contribution
ARNELL, P. and LYONS, C. 2021. Brexit done: the promised land? Presented at the April 2021 In conversation with Paul Arnell and Carole Lyons webinar, 14 April 2020, [virtual event]. Hosted on YouTube [online]. Available from: https://www.youtube.com/watch?v=EKvHF0KlIqc

In this webinar, Paul Arnell and Carole Lyons (both affiliated with Robert Gordon University) explore the legal context of Brexit, as well as the implications of and issues involved in implementing it. The discussion also considers the "unresolved" a... Read More about Brexit done: the promised land?.

A Brexit briefing. (2020)
Presentation / Conference Contribution
ARNELL, P. and LYONS, C. 2020. A Brexit briefing. Presented at the February 2020 In conversation with Paul Arnell and Carole Lyons webinar, 12 February 2020, [virtual event]. Hosted on YouTube [online]. Available from: https://www.youtube.com/watch?v=jXrfP76qyWg

In this webinar, Paul Arnell and Carole Lyons (both affiliated with Robert Gordon University) discuss various aspects of Brexit, including the referendum process, Article 50, the Brexit timeline and extensions, the withdrawal agreement and implicatio... Read More about A Brexit briefing..

The European Union migration crisis. (2016)
Journal Article
BORG-BARTHET, J. and LYONS, C. 2016. The European Union migration crisis. Edinburgh law review [online], 20(2), pages 230-235. Available from: https://doi.org/10.3366/elr.2016.0346

On 9 September 2010 the body of a man who had fallen from a British Airways flight to Heathrow was discovered in a wealthy west-London suburb. It is hard to pinpoint any one precise origin of the migration crisis currently unfolding in Europe, but th... Read More about The European Union migration crisis..

Just fatherlands? Judging the Shoah in Strasbourg. (2015)
Book Chapter
LYONS, C. 2015. Just fatherlands? Judging the Shoah in Strasbourg. In Kochenov, D., de Búrca, G. and Williams, A. (eds.) Europe's justice deficit? Oxford: Hart [online], chapter 26, pages 381-400. Available from: https://doi.org/10.5040/9781474201193.ch-026

The primary preoccupation of this chapter is an examination of how Europe's highest human rights court works through the enduring effects of the 'moral catastrophe' of the Holocaust. The issue of the role of past inhumanity within Europe's present is... Read More about Just fatherlands? Judging the Shoah in Strasbourg..

Neighbourly murders, forced forgetting and European justice: Marguš v Croatia. (2014)
Digital Artefact
LYONS, C. 2014. Neighbourly murders, forced forgetting and European justice: Marguš v Croatia. [Blog post]. Posted on Strasbourg Observers [online], 30 June 2014. Available from: https://strasbourgobservers.com/2014/06/30/neighbourly-murders-forced-forgetting-and-european-justice-margus-v-croatia/

On 27 May 2014, a Grand Chamber of the ECtHR, in Margus v Croatia, pronounced upon the contentious issue of the use of amnesties in post-conflict settings. The case concerned a Croatian army commander who had been convicted of several murders of civi... Read More about Neighbourly murders, forced forgetting and European justice: Marguš v Croatia..

Just fatherlands? From Kristallnacht to Katyn. (2013)
Preprint / Working Paper
LYONS, C. 2013. Just fatherlands? From Kristallnacht to Katyn. In de Búrca, G., Kochenov, D., Williams, A. and Roy, S. (eds.) Debating Europe's justice deficit: the EU, Swabian housewives, rawls and Ryanair. European University Institute working papers, LAW 2013/11. San Domenico di Fiesole: European University Institute [online], page 52. Available from: http://hdl.handle.net/1814/28798

This working paper contribution addresses the lack of formal recognition of the Holocaust and institutionalised killing in the European Convention on Human Rights. It focuses on three themes: 1) historical justice and the role of the courts; 2) memor... Read More about Just fatherlands? From Kristallnacht to Katyn..

A door into the dark: doing justice to history in the courts of the European Union. (2008)
Preprint / Working Paper
LYONS, C. 2008. A door into the dark: doing justice to history in the courts of the European Union. European University Institute working papers, LAW 2008/11. San Domenico di Fiesole: European University Institute [online]. Available from: http://hdl.handle.net/1814/8308

The European Court of Justice in Luxembourg has been issuing judgments since 1954. It is beyond doubt that this body has, in these judgments, influenced the nature of European integration, indeed the nature of Europe itself, in a far reaching manner.... Read More about A door into the dark: doing justice to history in the courts of the European Union..

The persistence of memory: the Lechouritou case and history before the European Court of Justice. (2007)
Journal Article
LYONS, C. 2007. The persistence of memory: the Lechouritou case and history before the European Court of Justice. European law review [online], 32(4), pages 563-581. Available from: https://uk.westlaw.com/Document/ICEF4F1304B7811DCAAF4FD2EF0A644D4/View/FullText.html

This article comments on the European Court of Justice ruling in Lechouritou v Dimosio tis Omospondiakis Dimokratias tis Germanias (C-292/05) on whether actions for compensation brought against Germany for the massacre by its armed forces of Greek ci... Read More about The persistence of memory: the Lechouritou case and history before the European Court of Justice..

Human rights case law of the European Court of Justice, January 2003 to October 2003. (2003)
Journal Article
LYONS, C. 2003. Human rights case law of the European Court of Justice, January 2003 to October 2003. Human rights law review [online], 3(2), pages 323-354. Available from: https://doi.org/10.1093/hrlr/3.2.323

To review the development of fundamental rights in the EU in 2003 is to concentrate on an eye in the middle of a storm. Since December 2002, the EU has experienced its most severe political crisis since its inception, as the issue of support for the... Read More about Human rights case law of the European Court of Justice, January 2003 to October 2003..

Human rights case law of the European Court of Justice, July 2002 to December 2002. (2003)
Journal Article
LYONS, C. 2003. Human rights case law of the European Court of Justice, July 2002 to December 2002. Human rights law review [online], 3(1), pages 157-177. Available from: https://doi.org/10.1093/hrlr/3.1.157

In the period under review, late July to December 2002, there were several cases where important issues of fundamental rights were raised. However, this autumn session of the Court began under the shadow of the "summer storms", in the shape of the Ca... Read More about Human rights case law of the European Court of Justice, July 2002 to December 2002..

Convergence and divergence in European public law. (2002)
Book
BEAUMONT, P., LYONS, C. and WALKER, N. (eds.) 2002. Convergence and divergence in European public law. Oxford: Hart Publishing [online]. Available from: https://doi.org/10.5040/9781472562548

This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe, in particular, but not exclusively, public law... Read More about Convergence and divergence in European public law..

Perspectives on convergence within the theatre of European integration. (2002)
Book Chapter
LYONS, C. 2002. Perspectives on convergence within the theatre of European integration. In Beaumont, P., Lyons, C. and Walker, N. (eds.) Convergence and divergence in European public law. Oxford: Hart Publishing [online], chapter 5, pages 79-96. Available from: https://doi.org/10.5040/9781472562548.ch-005

There is a nice anecdote about a conversation between Samuel Beckett and James Joyce, who were friends in Paris in the 1930's; "Beckett was addicted to silences, and so was Joyce; they engaged in conversations which consisted often in silences direct... Read More about Perspectives on convergence within the theatre of European integration..

Flexibility and the European Court of Justice. (2000)
Book Chapter
LYONS, C. 2000. Flexibility and the European Court of Justice. In de Búrca, G. and Scott, J. (eds.) Constitutional change in the EU: from uniformity to flexibility? Oxford: Hart Publishing [online], chapter 5, pages 95-112. Available from: https://doi.org/10.5040/9781472562067.ch-005

The purpose of this chapter is to discuss the ways in which the Amsterdam Treaty changes on "flexibility" (enhanced or closer cooperation) will affect the role of the European Court of Justice. It is about the functioning of the Court as an instituti... Read More about Flexibility and the European Court of Justice..

The limits of European Union citizenship. (2000)
Book Chapter
LYONS, C. 2000. The limits of European Union citizenship. In Bankowski, Z. and Scott, A. (eds.) The European Union and its order: the legal theory of European integration. Oxford: Blackwell, chapter 8, pages 149-167.

This chapter analyses the establishment and implications of European Union citizenship. It suggests that the definitions and parameters of citizenship as per the Treaty are both bold and vague, and that there is great potential for these to be furthe... Read More about The limits of European Union citizenship..

The evolution of the European regulation of asylum: from Geneva to Amsterdam. (1999)
Book Chapter
LYONS, C. 1999. The evolution of the European regulation of asylum: from Geneva to Amsterdam. In Harding, C. and Lim, C.L. (eds.) Renegotiating Westphalia: essays and commentary on the European and conceptual foundations of modern international law. Developments in international law, 34. The Hague: Kluwer Law International, chapter 9, pages 257-272.

This chapter examines the emergence of "new asylum" in Europe to 1997. New policy (safe countries of origin), new laws (re-admission treaties) and new language (e.g. the concept of "manifestly unfounded" claims) are found to now govern the management... Read More about The evolution of the European regulation of asylum: from Geneva to Amsterdam..