Mathias Möschel
Biographic Data
| ID | 168843 |
|---|---|
| NAME | Mathias Möschel |
| GIVEN NAMES | Mathias |
| FAMILY NAME | Möschel |
| SIGNATURE | MÖSCHEL M |
| AFFILIATIONS | LL.M. (Berkeley) ist außerordentlicher Professor an der Central European University (Wien) |
| ORCID | 0000-0003-4470-1784 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 36 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
Jura Novit Curia and the European Court of Human Rights
This article provides the first in-depth analysis of the European Court of Human Rights’ treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand Chamber judgment Radomilja v. Croatia has brou…
Critical Race Theory
Dieser Beitrag stellt die Geschichte und Grundzüge der Critical Race Theory (CRT) vor. Die Hauptthese ist, dass ein solcher Ansatz nicht nur einen wertvollen Beitrag im Rahmen juristischer Analysen leistet, sondern auch zu grundlegenderen Veränderungen und der Diversifizierung von Rechtsdebatten und -analysen beiträgt und nicht zuletzt auch einen besseren Schutz für racial minorities bietet
The Legal Construction of the Notion of Anti-White Racism in France
This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance…
The Strasbourg Court and Indirect Race Discrimination
Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination cannot and will not. However, Article 14, the ECHR's non‐discrimination provision, does not distinguish between direct and indirect discrimination. Only in 2007 the European Court of Human Rights explicitly included the notion of indirect (race) discriminati…
Anti-Discrimination Exceptionalism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence ag…
Law, lawyers and race
Critical Race Theory is a familiar and important strand of North American legal scholarship, but it is virtually unknown in Europe. This book aims to bring Critical Race Theory to a European context. Outlining its development in North America, and bringing its insights to bear upon European law and legal scholarship, the book considers Critical Race Theorys relevance in Europe, and particularly in civil law traditions, where the relationship betw…
Is the European Court of Human Rights' Case Law on Anti-Roma Violence 'Beyond Reasonable Doubt
Race in mainland European legal analysis
Critical Race Theory (CRT), an American legal theory, has been known for bringing race into left-wing legal analysis and for introducing power- and domination-related arguments into more traditional civil rights scholarship. So far, continental European legal literature has barely heeded CRT. This article seeks to assess CRT's potential contribution in analysing the relationship between race and law in the European context which is characterized …
Introduction
As opposed to the American and British reality, most European countries have adopted a position towards ethno-racial discrimination which could be summarized as attempting to fight ‘racism without races’. This piece outlines the consequences of such a position from the normative, legal and political sciences points of view against the backdrop of an increasingly multi-ethnic continental Europe. Using the US as a comparator, the special issue summ…
Race in mainland European legal analysis
Critical Race Theory (CRT), an American legal theory, has been known for bringing race into left-wing legal analysis and for introducing power- and domination-related arguments into more traditional civil rights scholarship. So far, continental European legal literature has barely heeded CRT. This article seeks to assess CRT's potential contribution in analysing the relationship between race and law in the European context which is characterized …
Introduction
As opposed to the American and British reality, most European countries have adopted a position towards ethno-racial discrimination which could be summarized as attempting to fight ‘racism without races’. This piece outlines the consequences of such a position from the normative, legal and political sciences points of view against the backdrop of an increasingly multi-ethnic continental Europe. Using the US as a comparator, the special issue summ…
The Strasbourg Court and Indirect Race Discrimination
Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination cannot and will not. However, Article 14, the ECHR's non‐discrimination provision, does not distinguish between direct and indirect discrimination. Only in 2007 the European Court of Human Rights explicitly included the notion of indirect (race) discriminati…
Anti-Discrimination Exceptionalism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence ag…
Race in mainland European legal analysis
Critical Race Theory (CRT), an American legal theory, has been known for bringing race into left-wing legal analysis and for introducing power- and domination-related arguments into more traditional civil rights scholarship. So far, continental European legal literature has barely heeded CRT. This article seeks to assess CRT's potential contribution in analysing the relationship between race and law in the European context which is characterized …
Introduction
As opposed to the American and British reality, most European countries have adopted a position towards ethno-racial discrimination which could be summarized as attempting to fight ‘racism without races’. This piece outlines the consequences of such a position from the normative, legal and political sciences points of view against the backdrop of an increasingly multi-ethnic continental Europe. Using the US as a comparator, the special issue summ…
Is the European Court of Human Rights' Case Law on Anti-Roma Violence 'Beyond Reasonable Doubt
Law, lawyers and race
Critical Race Theory is a familiar and important strand of North American legal scholarship, but it is virtually unknown in Europe. This book aims to bring Critical Race Theory to a European context. Outlining its development in North America, and bringing its insights to bear upon European law and legal scholarship, the book considers Critical Race Theorys relevance in Europe, and particularly in civil law traditions, where the relationship betw…
Anti-Discrimination Exceptionalism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence ag…
The Strasbourg Court and Indirect Race Discrimination
Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination cannot and will not. However, Article 14, the ECHR's non‐discrimination provision, does not distinguish between direct and indirect discrimination. Only in 2007 the European Court of Human Rights explicitly included the notion of indirect (race) discriminati…
Critical Race Theory
Dieser Beitrag stellt die Geschichte und Grundzüge der Critical Race Theory (CRT) vor. Die Hauptthese ist, dass ein solcher Ansatz nicht nur einen wertvollen Beitrag im Rahmen juristischer Analysen leistet, sondern auch zu grundlegenderen Veränderungen und der Diversifizierung von Rechtsdebatten und -analysen beiträgt und nicht zuletzt auch einen besseren Schutz für racial minorities bietet
The Legal Construction of the Notion of Anti-White Racism in France
This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance…
Jura Novit Curia and the European Court of Human Rights
This article provides the first in-depth analysis of the European Court of Human Rights’ treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand Chamber judgment Radomilja v. Croatia has brou…
Political science (9 works) · Sociology (7 works) · Gender Studies (6 works) · European and International Law Studies (5 works) · Law (5 works) · Discrimination and Equality Law (4 works) · Human rights (4 works) · Racism (4 works) · Critical race theory (3 works) · Gender Studies (3 works)