Book contents
- European Human Rights Justice and Privatisation
- European Human Rights Justice and Privatisation
- Copyright page
- Contents
- Tables
- Foreword
- Acknowledgments
- Introduction
- Part I The Procedural Aspect of the Growing Influence of Private Foundations on the European Human Rights Justice System
- 1 The Increasing Influence of Private Foundations in the Realm of Justice
- 2 The Creeping Private Influence on the Inputs of the ECtHR and the CJEU
- 3 The Influence of Private Foundations on the Outputs of the ECtHR and the CJEU
- 4 The Growing Influence Exerted by the Private Sector on the Reform and Structure of the ECtHR and the CJEU
- Part II The Substantive Dimension of the Growing Influence of Private Foundations on European Human Rights Justice
- Conclusion: Towards a Privatised Capture of Human Rights?
- Select Bibliography
- Index of Authors
- General Index
4 - The Growing Influence Exerted by the Private Sector on the Reform and Structure of the ECtHR and the CJEU
from Part I - The Procedural Aspect of the Growing Influence of Private Foundations on the European Human Rights Justice System
Published online by Cambridge University Press: 06 October 2020
- European Human Rights Justice and Privatisation
- European Human Rights Justice and Privatisation
- Copyright page
- Contents
- Tables
- Foreword
- Acknowledgments
- Introduction
- Part I The Procedural Aspect of the Growing Influence of Private Foundations on the European Human Rights Justice System
- 1 The Increasing Influence of Private Foundations in the Realm of Justice
- 2 The Creeping Private Influence on the Inputs of the ECtHR and the CJEU
- 3 The Influence of Private Foundations on the Outputs of the ECtHR and the CJEU
- 4 The Growing Influence Exerted by the Private Sector on the Reform and Structure of the ECtHR and the CJEU
- Part II The Substantive Dimension of the Growing Influence of Private Foundations on European Human Rights Justice
- Conclusion: Towards a Privatised Capture of Human Rights?
- Select Bibliography
- Index of Authors
- General Index
Summary
Chapter 4 sheds light on the last significant indicator of the growing capture by private foundations of the European justice system as private foundations are increasingly involved in the reform and structure of the European Courts thanks to advocacy efforts. The new constitutional designs of the European Courts and the development of a management approach applied by the Courts and partly brought about by the litigation activities of private foundations could enhance the influence of those foundations on the Courts' jurisprudence (and on the execution of their judgments), since such management techniques tend to benefit professional, repetitive and well-funded litigants. In this context, private foundations could be encouraged either to engage or to reinforce their involvement in litigation before the European Courts. They could be also motivated to increase their voluntary financial contributions to the EU and CoE organisations if they receive more influence over them in return. As evidence of this trend, we draw on internal and advocacy documents drafted by the European Courts, NGOs and private foundations concerning the successive reforms of the European human rights justice system.
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- European Human Rights Justice and PrivatisationThe Growing Influence of Foreign Private Funds, pp. 144 - 170Publisher: Cambridge University PressPrint publication year: 2020