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Mathias Möschel

Biographic Data

ID168843
NAMEMathias Möschel
GIVEN NAMESMathias
FAMILY NAMEMöschel
SIGNATUREMÖSCHEL M
AFFILIATIONSLL.M. (Berkeley) ist außerordentlicher Professor an der Central European University (Wien)
ORCID0000-0003-4470-1784
VERIFIEDYes
TOTAL WORKS9
TOTAL CITATIONS36
WORKS AS AUTHOR9
WORKS AS EDITOR0
FIRST PUBLICATION YEAR2011
LATEST PUBLICATION YEAR2022
H-INDEX2
  • Jura Novit Curia and the European Court of Human Rights

    Open Access•Mathias Möschel•ARTICLE•European Journal of International…•2022

    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

    Mathias Möschel•ARTICLE•Zeitschrift für kritik - recht -…•2021

    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

    Mathias Möschel•ARTICLE•French Politics Culture & Society•2021

    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

    Open Access•Mathias Möschel•ARTICLE•Modern Law Review•2017•Cited by: 1

    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

    Ruth Rubio-Marín, Mathias Möschel•ARTICLE•European Journal of International…•2015•Cited by: 1

    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

    Mathias Möschel•BOOK•Law, lawyers and race•2014

    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

    Mathias Möschel•ARTICLE•Human Rights Law Review•2012

  • Race in mainland European legal analysis

    Mathias Möschel•ARTICLE•Ethnic and Racial Studies•2011•Cited by: 24•References: 21

    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

    Michele Grigolo, Costanza Hermanin et al.•ARTICLE•Ethnic and Racial Studies•2011•Cited by: 10•References: 9

    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

    Mathias Möschel•ARTICLE•Ethnic and Racial Studies•2011•Cited by: 24•References: 21

    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

    Michele Grigolo, Costanza Hermanin et al.•ARTICLE•Ethnic and Racial Studies•2011•Cited by: 10•References: 9

    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

    Open Access•Mathias Möschel•ARTICLE•Modern Law Review•2017•Cited by: 1

    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

    Ruth Rubio-Marín, Mathias Möschel•ARTICLE•European Journal of International…•2015•Cited by: 1

    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

    Mathias Möschel•ARTICLE•Ethnic and Racial Studies•2011•Cited by: 24•References: 21

    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

    Michele Grigolo, Costanza Hermanin et al.•ARTICLE•Ethnic and Racial Studies•2011•Cited by: 10•References: 9

    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

    Mathias Möschel•ARTICLE•Human Rights Law Review•2012

  • Law, lawyers and race

    Mathias Möschel•BOOK•Law, lawyers and race•2014

    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

    Ruth Rubio-Marín, Mathias Möschel•ARTICLE•European Journal of International…•2015•Cited by: 1

    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

    Open Access•Mathias Möschel•ARTICLE•Modern Law Review•2017•Cited by: 1

    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

    Mathias Möschel•ARTICLE•Zeitschrift für kritik - recht -…•2021

    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

    Mathias Möschel•ARTICLE•French Politics Culture & Society•2021

    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

    Open Access•Mathias Möschel•ARTICLE•European Journal of International…•2022

    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)

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