UPTAKE 2017. aasta publikatsioonid

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Browsing UPTAKE 2017. aasta publikatsioonid by Author "Kilp, Alar"

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    Estonia: Religious Association Restrictions of Same-Sex Couple Religious Rights
    (Krakow: NOMOS, 2017) Kilp, Alar
    EU law on same-sex unions (SSU) expects Member States to legally recognize the family life of same-sex couples in the form of marriage, partnership, or cohabitation. The normative expectation, which in about 2010 became a principled position of the EU institutions and the European Court of Human Rights, has not been endorsed by one Western European Member State (Italy) as well as the majority of the post-Communist Member States (Bulgaria, Latvia, Lithuania, Poland, Romania and Slovakia). There are a number of causes behind the failure to enact SSU laws: the legacies of the communist regimes, the prevalence of a certain interpretation of Christian doctrine, the medium level of economic affluence, and an unfavorable balance of power between the change and blocking coalitions of social, religious, and political actors. Unlike Western European countries, where the family life of same-sex unions was legally recognized primarily due to pressures from below (due to changes in public opinion and shifts in cultural values), governments and legislatures in most Central and Eastern European Member States are encouraged more from above (by the European Union and the Council of Europe). Therefore, the prospects for legal recognition of same-sex unions are slim in countries where the European normative agenda meets no significant support from domestic social values or religious and political actors. This conflict of national and EU forces is most likely to persist in Member States which are post-Soviet, culturally Orthodox, not shifted from materialist to post-materialist values, and governed by right-wing governmental coalitions.
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    Implementing EU's Normative Agenda in the South Caucasus: Contradictory effects
    (Tbilisi: Georgian Institute of Politics, 2017) Berg, Eiki; Kilp, Alar
    It is not a secret that the EU has sought to influence regional developments by imposing liberal democratic norms on the third countries interested in closer relations with the union. Given that this soft power approach may effect change, we analysed the role of EU normative powers in influencing human rights dialogues. We also saw how both the political establishments and societies at large have adapted to these new circumstances. Further to the east, the lever for Europeanization seems to be eroding. To that end, the EU has continuously reaffirmed that its support for and cooperation with target countries must be conditional on the promotion of civil liberties and democratic reforms. While there is concern that the EU’s normative policies may be ineffective if they are not fully implemented on the ground, it is possible that the prospect of EU integration could prove to be an attractive aspiration for large segments of these societies. Fully implementing EU norms, however, may drive these countries into conflict with the conservative mores sustained by the state/religious institutions.
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    The Harmonization of Laws on Same-Sex Unions in Post-Communist Post-Accession Countries
    (2017) Kilp, Alar
    EU law on same-sex unions (SSU) expects Member States to legally recognize the family life of same-sex couples in the form of marriage, partnership, or cohabitation. The normative expectation, which in about 2010 became a principled position of the EU institutions and the European Court of Human Rights, has not been endorsed by one Western European Member State (Italy) as well as the majority of the post-Communist Member States (Bulgaria, Latvia, Lithuania, Poland, Romania and Slovakia). There are a number of causes behind the failure to enact SSU laws: the legacies of the communist regimes, the prevalence of a certain interpretation of Christian doctrine, the medium level of economic affluence, and an unfavorable balance of power between the change and blocking coalitions of social, religious, and political actors. Unlike Western European countries, where the family life of same-sex unions was legally recognized primarily due to pressures from below (due to changes in public opinion and shifts in cultural values), governments and legislatures in most Central and Eastern European Member States are encouraged more from above (by the European Union and the Council of Europe). Therefore, the prospects for legal recognition of same-sex unions are slim in countries where the European normative agenda meets no significant support from domestic social values or religious and political actors. This conflict of national and EU forces is most likely to persist in Member States which are post-Soviet, culturally Orthodox, not shifted from materialist to post-materialist values, and governed by right-wing governmental coalitions.