REPORT: Justice in Europe Institutionalized: Legal Complexity and the Rights of Vulnerable Persons

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https://ethos-europe.eu/sites/default/files//docs/d3.3_website_report_complete.pdf

Within the context of the wider ETHOS project, deliverable 3.3 examines how the conceptions of justice as representation, redistribution and recognition permeate the European legal order(s) in the rights to vote, housing and education. It seeks to achieve these tasks on the basis of a literature review of relevant theoretical debates and legal desk research in relevant international and European law. It does so in four main sections. First, the paper justifies the analytic choices of assessing European legal justice through how the European legal order(s) institutionalise certain rights, with a particular focus on vulnerable minorities. This first section engages with the philosophical and jurisprudential debates that weigh in on the selection of particular rights (voting, housing and education) and the choice of focusing on particular vulnerable minorities (refugees, disabled persons, and ethnic, religious and linguistic minorities). It is followed by a discussion of the concept of vulnerable minorities in law. The third section proposes an analytic framework that addresses the challenges of the European justice system.

Grant number: 727112