Academic literature on the topic 'Civil rights – Europe – Cases'
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Journal articles on the topic "Civil rights – Europe – Cases"
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Roorda, Lucas. "Jurisdiction in Foreign Direct Liability Cases in Europe." Proceedings of the ASIL Annual Meeting 113 (2019): 161–65. http://dx.doi.org/10.1017/amp.2019.168.
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The right to remedy for victims of human rights abuses by transnational corporations is far from guaranteed. Often, the state where the abuses occurred is unwilling or incapable of offering effective remedies, especially effective judicial remedies. The victims may then choose to “go global” and bring civil suits in the courts of other states, including the home states of the corporations alleged to have committed the abuse. One way in which they have done so is by bringing so-called “foreign direct liability” (FDL) cases: civil claims in domestic courts of foreign states against corporate actors, in the hopes of getting financial compensation as a remedy.
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Marochini Zrinski, Maša, and Karin Derenčin Vukušić. "NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA." Pravni vjesnik 37, no. 2 (July 2021): 83–104. http://dx.doi.org/10.25234/pv/12003.
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The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.
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Barth, William. "Minority Rights, Multiculturalism and the Roma of Europe." Nordic Journal of International Law 76, no. 4 (2007): 363–406. http://dx.doi.org/10.1163/090273507x249200.
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AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international jurisprudence that protects minority groups. In this essay, I analyse Kymlicka's claim that multicultural policies are contextually dependent, and an inappropriate subject for a common legal regime of international human rights treaties. To determine the implications of human rights jurisprudence for this normative claim, I also research court cases filed by the Roma under the European Framework Convention for the Protection of Minorities and the European Convention for the Protection of Human Rights and Fundamental Freedoms. I contrast the international treaties that protect minority groups from political theorist accounts of multiculturalism in three areas. First, my article discusses jurisdictional issues concerning whether the particular groups defined by minority rights, irrespective of their geographical location or contextual experience, are proper subjects for protection by a common rights regime. Next, I illustrate how cultural rights are distinguishable from traditional civil rights laws. Finally, I examine how the historic persecution of the Roma violates human rights standards that protect minorities. The Roma have a long and unique relationship with the European states, which serves to demonstrate whether or not a common regime of minority rights safeguards the cultural development of the Roma.
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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
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The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
Full textAbstract:
The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
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Katić, Nikolina, Matea Bašić, and Morana Briški. "Right of Access to Supreme Courts in Light of the Guarantees under Article 6 § 1 of the Convention on Human Rights and Fundamental Freedoms (civil aspect)." Croatian International Relations Review 24, no. 81 (May 1, 2018): 69–90. http://dx.doi.org/10.2478/cirr-2018-0004.
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Abstract Right of access to a court, enshrined in Article 6 § 1 of the European Convention on Human Rights and Fundamental Freedoms forms one of the basis for reinforcement of the principle of rule of law. However, the right of access to a court may be limited by provisions of national legislation regulating the functioning of the judicial system and rules of judicial procedure. The higher the hierarchy of the court, the more limits may be placed on the right of access to it. The aim of this article is to examine the different modalities of organisation of supreme judiciaries in European countries (members of the Council of Europe) and mechanisms established in national legislation for filtering applications to those jurisdictions in civil cases, in light of the principles set forth in that regard by the ever evolving case-law of the European Court of Human Rights, and the effects of its judgments and decisions on national legal systems.
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Andersen, David, Carsten Jensen, and Magnus B. Rasmussen. "Suffering from Suffrage: Welfare State Development and the Politics of Citizenship Disqualification." Social Science History 45, no. 4 (2021): 863–86. http://dx.doi.org/10.1017/ssh.2021.38.
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AbstractFollowing the landmark essay of T. H. Marshall, Citizenship and the Social Class (1949), it has conventionally been assumed that the introduction and expansion of social rights in Europe happened as the final stage of a long process of democratization that included the granting of first civil and then political rights. We present a radically different perspective on the relationship between the extension of suffrage (under meaningful competition for government power) and social rights, that is state-financed entitlements that make citizens’ livelihood independent from the labor market in the instance of events such as unemployment or sickness. First, some countries institutionalized a state-financed poor relief system much before mass democratization. In these countries, the primary effect of suffrage extension was to reduce public social spending, not expand it. Second, the way this retrenchment occurred was partly by creating a negative link between social rights, on the one hand, and civil and political rights, on the other. We test our argument with case studies of nineteenth- to early-twentieth-century England, Denmark, Norway, and Prussia, all of which are paradigmatic cases that represent the variation in welfare state types.
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Zembrzuski, Tadeusz. "Evolvement of consumer rights protection in Polish judicial proceedings: New separate proceedings." Zbornik radova Pravnog fakulteta Nis 62, no. 98 (2023): 37–49. http://dx.doi.org/10.5937/zrpfn1-45220.
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In recognition of the concept of consumer rights to trial, individual and collective consumer rights should be extended across Europe as well as nationally. The need to affirm the procedural position of the so-called vulnerable parties in civil law proceedings is a complex and multifaceted matter. The Polish legislator having devised new separate proceedings in consumer cases is a manifestation of the equalising justice principle having been realised. Regardless, one may well doubt whether the current procedural form comprises a sufficient volume of significant deviations from ordinary proceedings to justify such nature to be conferred upon it. Related deliberations form part of a broader discussion regarding the structure, form, and suitability of Polish procedural law.
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YAMELSKA, Khrystyna. "Formation of a human-centric approach to the prevention of torture in Ukraine." Economics. Finances. Law, no. 4/1 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(1).5.
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The paper is concerned with the role of key international human rights standards and soft law instruments of the Council of Europe in the preventing ill-treatment of persons deprived of their liberty in the context of the human centrist approach. The paper determine the purpose of the formation of human-centric legal ideology in Ukraine, which is the creation of a mechanism of effective restriction of public power in the interests of protecting the fundamental rights. The paper is dedicated to the doctrine of human-centric legal ideology in Ukraine and its human dignity key element. Considering the fact that the process of forming a democratic human-centric legal ideology in Ukraine is still not complete, the paper highlights the cases of mass violations of fundamental human rights by law enforcement agencies, where a special problem is the illegal practice of law enforcement agencies against human dignity. One of its case is the ill-treatment and use of torture against persons deprived of their liberty. The paper highlights the ways to protect the right to dignity through the prism of legislative activity of government bodies and advocacy of civil society institutions. The Article 28 of the Constitution of Ukraine, which establishes the right to respect for human dignity as one of the key values of the Ukrainian legal system, is revealed. The category of dignity is revealed through the prism of Articles 5 of the Universal Declaration of Human Rights of December 10, 1948, Articles 7 and 10 of the International Covenant on Civil and Political Rights of December 16, 1966 and Article 3 of the European Convention on Human Rights of November 4, 1950. Judgments of the European Court of Human Rights, acts of the European Committee against Torture.
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Gusarov, Kostiantyn, and Viktor Terekhov. "Finality of Judgments in Civil Cases and Related Considerations: The Experience of Ukraine and Lithuania." Access to Justice in Eastern Europe 2, no. 5 (December 23, 2019): 6–29. http://dx.doi.org/10.33327/ajee-18-2.4-a000020.
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Finality of judgments is a concept that puts an end to the trial, prohibiting subsequent appeals, opening of new proceedings and disputing clearly established facts. Despite being promoted by the Council of Europe and its Court of Human Rights and familiar to most if not all states, its application still encounters misunderstanding in some Eastern European Countries. Deeply rooted ideas of substantive truth and public role of the judiciary, a rather idiosyncratic notion of fair trial and the rule of law all lead to underestimation of the role played by finality in a peaceful life of the society. This article addresses the experience of Ukraine (where a major judicial reform has just taken place) and Lithuania – two post-Soviet nations that both, still in their unique way, worked on implementing the principle of finality into their procedural order. The paper also explores an uneasy balance to be found between this notion and other relevant considerations (access to justice, rule of law, judicial economy and some other).
Dissertations / Theses on the topic "Civil rights – Europe – Cases"
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Fernández, Salas José Carlos. "Rights in rem in Europe." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108245.
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The study of rights in rem from an internal perspective of our national legal system is notan easy task. For that purpose, a comparativestudy of the international juridical systems canserve as both a solution and an instrument tobring forward new and innovative knowledge related to those rights.The author perceives that fundamental to notice the importance that the international character of rights in rem has acquired through time. He does, therefore, a comparative study between different rights in rem regimes in countries such as France, Germany and England. These countries are all part of the European Union, with whom Peru has signed a Free Trade Agreement.El estudio de los derechos reales desde una perspectiva interna del ordenamiento peruano es una labor complicada. Por ello, un análisis de los distintos sistemas jurídicos internacionales podría tanto facilitar esta labor cuanto aportar conocimientos innovadores sobre el tema.Para el autor, será fundamental notar la importancia que ha ido ganando el carácter internacional de los derechos reales. Por ello, realiza un estudio comparativo entre distintos regímenes de derechos reales en países tales como Francia, Alemania e Inglaterra. Estos pertenecen a la Unión Europea, con la cual el Perú ha suscrito un Tratado de Libre Comercio.
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Jonsson, Anna. "Judicial Review and Individual Legal Activism : The Case of Russia in Theoretical Perspective." Doctoral thesis, Uppsala : Faculty of Law & Department of East European Studies, Uppsala University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-5811.
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Malloy, Tove. "The 'politics of accommodation' in the Council of Europe after 1989 : national minorities and democratization." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369369.
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Soykan, Taskin Tankut. "The implications of the Copenhagen political criteria on the language rights of the Kurds in Turkey /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81236.
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In recent years, the attention is being increasingly drawn to the role of the European Union on the development of minority rights in the candidate countries. The adoption of the Copenhagen political criteria, which also require "respect for and protection of minorities," as preconditions that applicants must have met before they could join the Union has inevitably led to some policy changes to the minorities in Eastern Europe. This policy shift is particularly directed at minority language rights, because one of the most important aspects of the protection of minorities is the recognition of their linguistic identity. The aim of this study is to explore to what extent this development has influenced the situation of language rights of the Kurds in Turkey. In order to answer this question, it first examines the relationship between the Copenhagen criteria and international and European standards protecting minority language rights. Secondly, considering those standards, it assesses the achievements and failures of the recent legislative amendments which are directed to bring the language rights of the Kurds within the line of the Copenhagen criteria. The case of Turkey reveals the vast potential of the European enlargement process on the development of minority language rights, but also its limits in situations where there is a lack of political will to respect and protect diversity.
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FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice." Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
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Defence date: 20 April 2020 (Online)Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
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Cruickshank, Neil A. "Power, civil society and contentious politics in post communist Europe." Thesis, University of St Andrews, 2008. http://hdl.handle.net/10023/559.
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This dissertation examines how contentious collective action in two post communist states, Poland and the Czech Republic, has broadened to include European and international actors. It identifies the emergence of new opportunities for contention brought about by recent episodes of institutional change, specifically EU accession, and questions how they benefit materially or politically weak NGOs. With the intention of determining how three interrelated processes, democratization, Europeanization and internationalization, affect the nature and scope of contentious politics, this dissertation carries out an investigation of several concrete episodes of political mobilization and contention. As shown these 'contentious events' involved a myriad of national, European and international actors, mobilizing to challenge national policy. Data from NGO questionnaires, interviews and newswire/newspaper archives are used to discern the nature and scope of contentious collective action. This dissertation assesses the extent to which transnationalization of advocacy politics has disrupted existing power arrangements at the national level between NGOs and government. Hypothesizing that European Union accession in 2004 changed the nature and scope of contentious collective action in post communist Europe, this dissertation undertakes a comparative empirical examination of three sectors, environment, women and Roma, and twenty-nine representative NGOs. My research identifies three important developments in the Polish and Czech nonprofit sector: first, European advocacy networks and institutions are helping national NGOs overcome power disparities at the national level; second, issues once confined to national political space have acquired a European dimension, and; third, despite Europeanization, a few notable policy issues (i.e. reproductive rights, nuclear energy and domestic violence) remain firmly under national jurisdiction. This dissertation contributes to existing collective action/post communist scholarship in three ways. It applies established theories of contention/collective action to several recent episodes of political mobilization; it confirms that post accession institutional change does offer new political opportunity structures to national NGOs, and finally; it presents new empirical research on post communist collective action.
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VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
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Defence date: 13 December 2007Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
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Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.
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This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.
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AYNÈS, Camille. "La privation des droits civiques et politiques : l'apport du droit pénal à une théorie de la citoyenneté." Doctoral thesis, European University Institute, 2020. https://hdl.handle.net/1814/68319.
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Defence date: 21 September 2020 (Online)Examining Board: Pr. Loïc Azoulai (Sciences-Po Paris, Directeur de thèse); Pr. Olivier Beaud (Université Paris II Panthéon-Assas, Co-directeur de thèse); Pr. Xavier Pin (Université Jean Moulin, Lyon 3); Pr. Christoph Schönberger (Université de Constance)
Awarded the 2021 Prix Dalloz
Awarded the 2021 Best Thesis Prize in the category "Concepts fondamentaux du droit constitutionnel" from the “Institut francophone pour la Justice et la Démocratie” Louis Joinet (previously the 'Fondation Varenne')
Received a special mention of the Vendôme Prize 2021 for the best doctoral thesis in Criminal Law.
Il est d’usage de considérer que la citoyenneté étatique, en tant qu’elle désigne une appartenance statutaire, est un concept de clôture qui implique l’inclusion aussi bien que l’exclusion. À rebours de la littérature dominante sur la citoyenneté en droit qui privilégie généralement sa dimension inclusive, cette thèse entreprend un renversement de perspective : elle se propose de théoriser la citoyenneté en creux, à partir de ses exclus, de définir autrement dit le citoyen par le non-citoyen. L’exclu étudié en droit français n’est pas la figure paradigmatique de l’étranger, mais celle du criminel déchu de ses droits politiques à la suite d’une condamnation pénale. Nous faisons l’hypothèse de la valeur heuristique d’une étude proprement juridique et non normative de la notion constitutionnelle de citoyenneté à partir du droit pénal en général, et des sanctions privant le condamné de ses droits de citoyen en particulier. L’apport de cette recherche est double : il concerne à titre premier la citoyenneté dont on entend examiner les bénéficiaires, la nature (les valeurs) et le contenu matériel (les droits et les devoirs). Nous démontrons (1) que par différence avec la nationalité, la citoyenneté a historiquement une dimension axiologique et qu’elle protège la moralité publique. Cette affirmation semble de prime abord remise en cause aujourd’hui en raison de l’influence du droit des droits de l’homme sur la matière. Plus qu’à la substitution d’un modèle de citoyenneté à un autre, nous établissons (2) que l’on a affaire à une tension au cœur du régime actuel de la citoyenneté. À titre second, nous contribuons en filigrane à une lecture de la démocratie en soutenant (1) que la lutte pour les droits politiques des derniers exclus de la nation (les condamnés et les « aliénés ») correspond moins à une revendication de participation politique qu’à une demande d’inclusion sociale ; (2) que le citoyen, dans cette lutte, tend à disparaître derrière le sujet de droit doté de droits opposables.
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Kamrani, Marjon E. "Keeping the Faith in Global Civil Society: Illiberal Democracy and the Cases of Reproductive Rights and Trafficking." University of Cincinnati / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1268079906.
Full textBooks on the topic "Civil rights – Europe – Cases"
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Buyse, Antoine C., and Michael Hamilton. Transitional jurisprudence and the European Convention on Human Rights : justice, politics and rights. Cambridge: Cambridge University Press, 2011.
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Guild, Elspeth. The European Court of Justice on the European Convention on Human Rights: Who said what, when? London: Kluwer Law International, 1998.
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Llop, Javier Barcelona. La garantía europea del derecho a la vida y a la integridad personal frente a la acción de las fuerzas del orden: Estudio de la jurisprudencia del Tribunal Europeo de Derechos Humanos sobre los artículos 2 y 3 del Convenio Europeo para la protección de los derechos humanos y las libertades fundamentales. [Madrid]: Thomson/Civitas, 2007.
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Kost︠s︡ov, A. Evropeĭskiĭ sud po pravam cheloveka. Moskva: Martin, 2005.
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Bushchenko, A. P. Statti͡a 3 Konvent͡siï pro zakhyst prav li͡udyny ta osnovopoloz͡hnykh svobod: Systematyzovanyĭ daĭdz͡hest rishenʹ I͡Evropeĭsʹkoho sudu z prav li͡udyny. 2nd ed. Kharkiv: "Prava li͡udyny", 2009.
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Group, Minority Rights, ed. Minorities and autonomy in Western Europe. London: The Group, 1991.
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Michele, De Salvia, Zagrebelsky Vladimiro, and Fumagalli Meraviglia Marinella, eds. Diritti dell'uomo e liberta fondamentali: La giurisprudenza della Corte europea dei diritti dell'uomo e della Corte di giustizia della Comunita europee. Milano: Giuffre Editore, 2006.
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Navarro, Antonio Vicente Sempere, Ángel Arias Domínguez, and Lourdes Meléndez Morillo-Velarde. Prontuario de jurisprudencia social del Tribunal Europeo de Derechos Humanos. Cizur Menor, Navarra: Aranzadi, 2009.
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Miguel, Carlos Ruiz. La ejecución de las sentencias del Tribunal Europeo de Derechos Humanos: Un estudio sobre la relación entre el derecho nacional y el internacional. Madrid: Tecnos, 1997.
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José, Garberí Llobregat, and Morenilla Allard P, eds. Convenio Europeo de Derechos Humanos y jurisprudencia del tribunal europeo relativa a España: Textos, protocolos, nuevo reglamento del tribunal, normas complementarias y formulario de demanda. Barcelona: Bosch, 1999.
Find full textBook chapters on the topic "Civil rights – Europe – Cases"
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Čtvrtník, Mikuláš. "The Paradox of Archiving: Personality Protection and a Threat in One—Archives and Child Sexual Abuse." In Archives and Records, 91–110. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_4.
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AbstractPerspectives on the protection of the individual are usually based primarily on the question of how a person and their personality rights may be harmed by the retention and disclosure of data concerning this particular individual. Hence the intentions of the European GDPR to allow for “minimisation” and “storage limitation” when it comes to personal data and the correlating “right to be forgotten” (“right to erasure”). Although these intentions apply primarily to data controllers other than archives, most often of private law provenance, they also apply to archives. Along with this trend, however, the opposite perspective proportionally fades, which is the starting point of this chapter: Apart from the risks associated with the preservation and disclosure of personal data, archiving in the public interest is also one of the tools by which the protection of personality rights can be implemented, even enhanced. Permanent preservation of certain categories of personal data is not only necessary for various future research purposes and official interests, but in some cases such preservation becomes the key guarantee of the protection of personality as well as other human and civil rights. The author will demonstrate this thesis on some specific cases including a specific category of records testifying about sexual abuse inside and outside the Church and the protection of victim rights. An analysis of the opposite situation, in which personal data, especially in archival records, have been misused, will be discussed in more detail in the following chapters.
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Фурса, Світлана Ярославівна, and Євген Іванович Фурса. "Глава 1. Реформа цивільного судочинства в Україні та необхідність її проведення." In Серія «Процесуальні науки», 13–63. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-1-1.
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Іn the scientific work, the authors made the first warning that during the recodification of civil legislation, it is first necessary to create a new version of the Civil Code of Ukraine (hereinafter – the Civil Code) and only after that start work on the project of the Civil Procedure Code of Ukraine (hereinafter – the Civil Procedure Code of Ukraine). However, work on the improvement of the Central Committee can be carried out in parallel and coordinated with the work on the improvement of the Central Committee, but this is extremely difficult to ensure. The authors believe that when starting work on a new edition of the CPC, one should first form its new structure with the systematization of relevant material, since the provisions of the current CPC are not laid out consistently.The judicial system of Ukraine should work within the limits of the law, but the state should find measures of influence on offenders and the demonstration of the will of the authorities is needed not for a short demonstration period, but on a permanent basis.Access to justice in civil proceedings in Ukraine should be discussed through the prism of whether a person with a minimum wage can protect his rights in court. Obviously not, because he cannot pay the large court fee. And this provision does not meet the requirements of Articles 3 and 55 of the Constitution of Ukraine, nor international standards, in particular, Articles 6 and 13 of the European Convention on the Protection of Rights and Fundamental Freedoms, since low-income citizens are, in fact, deprived of the right to access to justice and protection of their rights. Therefore, it is necessary to revise not only the norms of the Code of Civil Procedure, but also the laws of Ukraine «On court fees» and «On free legal aid».The right to appeal to the court for protection should not depend on the level of the plaintiff’s financial condition, if Ukraine is a rule of law state, but should be guaranteed to every person who needs it.Оne of the main issues of the new CPC project should be coordination and interaction of certain types of civil court proceedings, in particular, such as injunctive and claim, therefore the authors proposed ways to solve these issues.The authors paid a lot of attention to the analysis of minor disputes, the criteria for classifying certain categories of cases as minor. The impossibility of classifying labor disputes as minor is substantiated with reference to the Constitution of Ukraine. A reasoned opinion was expressed regarding the impracticality of paying the same court fee, which is paid in both «significant» and minor cases, taking into account the order of their consideration. It is proposed to improve the civil justice system taking into account Recommendation No. R (95) 5 of 02.07.1995 of the Committee of Ministers of the Council of Europe.list of shortcomings of the current legislation on civil procedure is given. When applied by the court, they should be considered as an abuse of law by the court. If the CPC does not record the court’s duty to respond to every argument of the party, then all other norms are a camouflage for the legally guaranteed arbitrariness of the judicial branch of government, no matter what proceeding we are talking about. If a person is limited in the right to be heard, then what judicial procedure can we talk about...Certain debatable issues are pointed out, which are subject to discussion and resolution when creating a new version of the CPC. The authors believe that the given arguments and arguments should be submitted for public discussion in order for the new version of the Code of Civil Procedure to be better, not worse, than the current regulatory act.But when implementing the idea of updating and recodifying the Central Committee, making changes to the Central Committee will become objectively inevitable, and not only to the Central Committee. The same applies to Ukraine’s accession to the EU, as it will be necessary to bring the CPC into compliance with the recommendations existing in the European community. no But you cannot make random amendments to the adopted draft law, and the introduction of fragmentary amendments quite often leads to an imbalance of the regulatory act as a whole.
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Čtvrtník, Mikuláš. "The Right to (Not) Be Forgotten, Right to Know, and Model of Four Categories of the Right to Be Forgotten." In Archives and Records, 111–37. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_5.
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AbstractBoth at the level of the most basic civil and democratic rights declared at the constitutional level and specifically in the field of archiving, there has long been a fundamental tension between two principles: On the one hand, it is the right to the protection of personality, privacy, and the private sphere, specifically expressed also in the form of the right to protection of personal data and restriction of their disclosure. On the other hand, there is the right of access to information, freedom of inquiry, and similar rights, which can be summarised under the common denominator of the right to know. This dichotomy, in a specific and in a way analogous sense, is also at the level of the relationship between the right to be forgotten and, conversely, the right to be remembered and not forgotten.Encounters and, in many cases, clashes between these two principles on both levels of meaning have changed in recent years and have intensified, including in court decisions. What implications does it have for archiving, for the creation and preservation of collective memory in society, and for the relationship to one’s own history? What are the implications of the current development of the legal order for the archival sector, within the European Union, especially in connection with the adoption of the General Data Protection Regulation (GDPR), specifically at the level of the application of the right to be forgotten as one of the new rights of the European citizen, which, however, has much deeper and older roots than the existence of the GDPR? How does the newly established right to be forgotten manifest in the field of archiving? What impacts and potential risks can be expected when applying this newly formed right of (not only) the European citizen to archival practice? This chapter will seek answers to the above questions. The chapter will include the presentation of the author’s concept of a model of the four categories of the right to be forgotten, applicable mainly in the field of records management and archiving, but also in a wide range of scientific disciplines.
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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity?, 71–89. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.
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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Hazelhorst, Monique. "The Right to a Fair Trial in Civil Cases." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 123–75. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_4.
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Love, Erik. "Civil Liberties or Civil Rights? Muslim American Advocacy Organizations." In Islamic Organizations in Europe and the USA, 37–53. London: Palgrave Macmillan UK, 2013. http://dx.doi.org/10.1057/9781137305589_3.
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Oteiza, Eduardo. "Argentina: Notes on the Effective Enforcement of Judgments in Civil Cases." In Effective Enforcement of Creditors’ Rights, 235–49. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-5609-5_23.
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Nagel, Robert F. "’A Negro on Trial for His Life’Criminal Law and Race." In Making Civil Rights Law, 56–66. Oxford University PressNew York, NY, 1994. http://dx.doi.org/10.1093/oso/9780195084122.003.0005.
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Abstract Fascism’s rise in Europe, which Justice Black alluded to in his Chambers opinion, brought third-degree methods and discrimination in jury selection to the center of the Supreme Court’s concern about racial equality. The African-American com-munity pressed civil rights lawyers to pursue cases raising these issues. Those were truly pressing cases of sheer human need, and they appealed to Marshall’s instincts as a trial lawyer. During the 1940s ’Judge and Company’ laid the foundations of the law of criminal procedure that eventually came into full flower under Chief Justice Earl Warren.
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"Table of Cases." In European Civil Liberties and the European Convention on Human Rights, edited by C. A. Gearty, 393–411. Brill | Nijhoff, 1997. http://dx.doi.org/10.1163/9789004481664_014.
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Ioannou, Krateros. "Greece." In Fundamental Rights In Europe, 355–81. Oxford University PressOxford, 2001. http://dx.doi.org/10.1093/oso/9780199243488.003.0015.
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Abstract The Convention, so far as its application in Greece is concerned, has a unique history. Indeed, events like those that took place in Greece between the years 1967 and 1974 did not occur in any of the other member states of the Council of Europe, at least not during their membership. Greece signed the Convention on 20 November 1950, just one year after the end of a disastrous civil war. Parliamentary approval was given by Law 2329/ 1953. Between the years 1953 and 1967 the impact of the Convention on the Greek legal order was rather insignificant, although a great part of the legislation was undoubtedly violating the Convention. Neither judges nor the administrative authorities were seriously applying the Convention and questions of the international protection of human rights were not frequently debated in academic forums. In the very few cases where the Convention was referred to in Greek judgments it was only in order to discard its application in casu.
Conference papers on the topic "Civil rights – Europe – Cases"
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Cicoria, Massimiliano. "Legal Subjectivity and Absolute Rights of Nature." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.
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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.
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Rodiņa, Anita, and Annija Kārkliņa. "Cilvēka pamattiesības kā būtiska satversmes sastāvdaļa: ģenēze, nozīme, saturs." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.24.
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Only in 1998, the Constitution of the Republic of Latvia – Satversme, which has been adopted more than a hundred years ago and is one of the oldest constitutions in Europe, was supplemented with a new chapter concerning the regulation of fundamental human rights. Until the adoption of Chapter 8 of the Satversme, only a few fundamental human rights could be found in the Constitution. The article discusses the development of the regulation of fundamental rights in the Satversme, the importance of fundamental rights in a democratic state, as well as reflects the catalogue of fundamental rights. In the article, the authors, looking at the catalogue of fundamental rights included in the Satversme, analyses fundamental rights by dividing them in groups, i.e. civil, political, social, economic, cultural and solidarity rights. The publication outlines the most characteristic features of each group of fundamental rights, points out content of those rights and looks into the recent case law of the Constitutional Court. The publication can contribute to the study material for law students of constitutional law course.
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Fekete, Gábor. "VIDEOCONFERENCE HEARINGS AFTER THE TIMES OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18316.
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The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.
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Vodenicharov, Asen. "CIVIL LAW STATUS OF THE SUPERVISORY ORGAN IN EUROPEAN BUSINESS COMPANIES." In 6th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eraz.2020.303.
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The Supervisory organ is a compulsory element in the governance structure of the European Structures for Business Association, namely the European Company (Societas Europaea) and the European Cooperative Society (Societas Cooperativa Europaea) that have chosen a two-tier system for their organizations. The organ under consideration presents a hybrid regulatory framework. On the one hand, these are the provisions in the regulations of the European Union, and, on the other, the national law regulations. The organ in question has specific characteristics. Its members are elected by the General meeting. The staff of the first supervisory board may be appointed in the statues. This should apply without prejudice to any employee participation arrangements determined pursuant to Directive 2003/72 / EC. The members of the Supervisory organ are elected for the term specified in the Statute of the association. Their maximum term of office after the expiry mandate date may not exceed six months. The package of powers includes constitutional, authoritative and controlling rights and obligations. The supervisory organ shall elect and dismiss members or an individual member of the management organ. In cases explicitly provided for in the statute of the association, a certain category of legal transactions cannot be concluded by the management organ without the permission of the supervisory organ. Its controlling functions are particularly important. The supervisory organ shall supervise the duties performed by the management organ. It may not itself exercise the power to manage the associations. The supervisory organ may not represent the associations in dealings with third parties. It shall represent the associations in dealings with the management body, or its members, in respect of litigation or the conclusion of contracts. The management organ shall report to the supervisory body at least once every three months on the progress and foreseeable developments of the association’s business, taking into account any information relating to undertakings controlled by the association that may significantly affect the progress of the association business. The members of the Supervisory organ are holders of Civil liability. Its legal basis is the relevant rules in the national law relating to joint stock companies or cooperative organizations in the Member States in which they have registered their office. This liability is based on the possible damage caused by illegal or incorrect acts or actions.
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Trinkūnienė, Eva, and Tatajana Viškelienė. "PROTECTION OF CREDITORS' INTERESTS IN AN EXTRAJUDICIAL DISSOLUTION." In 13th International Scientific Conference „Business and Management 2023“. Vilnius Gediminas Technical University, 2023. http://dx.doi.org/10.3846/bm.2023.1043.
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Modern society increasingly adopts the products of companies, institutions, and organizations that provide credit services in order to meet its needs and improve general quality of life, as a result of which, when terminating a marriage, questions of a mandatory nature often arise, related to the determination of the nature of the obligations of the spouses and their division between the spouses, hence in divorce cases it is not uncommon for a third party to appear – a creditor whose interests must also be protected. In family relations cases, the protection of the public interest dominates, because the protection of the legal interests of the spouses as well as the creditors must be guaranteed, also the proportionality of the protection of the legal interests protected by the law between the parties has to be achieved, because everyone has the right to defend their violated rights, and the state must ensure the protection of these legal interests. The article discusses the protection of creditors in the divorce process in the countries of the European Union, Estonia, Latvia, Slovenia, Luxembourg, in which legal systems the possibility of ending a marriage out of court exists, also the assumptions made in the national legal acts and their application practice, ensuring the protection of creditors and distinguishing its implementation problematic aspects in the civil process, are assessed, as well as the analysis of the Republic of Lithuania’s 2023 January 1 amendments to the Civil Code related to divorce outside of court entered into force is performed.
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Reinsalu, Kristina, and Robert Bjarnason. "Crowdsourcing policies and solutions to wicked problems: case study of crowdsourcing on air quality in European cities." In 14th International Conference on Applied Human Factors and Ergonomics (AHFE 2023). AHFE International, 2023. http://dx.doi.org/10.54941/ahfe1003887.
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The current world is facing unprecedented crises and wicked problems that need solving. Even if some of them might affect our life more right now and in the short term (e.g., global security crisis, energy crisis, etc.), the biggest challenge for societies for years to come is climate change. Digital solutions have the potential to offer relief and solutions to various problems, including climate challenges, but the biggest concern is still the large gap between policymakers and people's concerns and expectations. Future developments should not only be guided by the technologically feasible but by what is socially desirable and acceptable. Therefore, the citizens’ engagement, particularly digital crowdsourcing, for the design of digital services, as well as policies that affect their lives, is crucial.To understand the usage of crowdsourcing for policy-design purposes, we have piloted a crowdsourcing activity in five European countries on the subject of air quality. To assess the results of the pilot, we use a novel e-participation assessment framework created by the joint effort of the e-Governance Academy and the project partners of the Co-Designing Europe Project . The assessment framework was created based on extensive analyses of e-participation cases from various countries and contexts using the Theory of Change (ToC) methodology. The framework also has a practical checklist which enables any initiator of e-participation - be it from a public authority or from the civil society, to design an e-participation/crowdsourcing activity and assess its impact after completing the case. The aim of this article is, based on theory and practice, to highlight and analyse the biggest challenges, obstacles, and success factors for impactful crowdsourcing, the potential to use the “wisdom of the crowd” to solve wicked problems in society, and the role technology plays in this process.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Klasiček, Dubravka, and Tomislav Nedić. "THE POWER OF INTERNET SERVICE PROVIDERS (ISPS) OVER DIGITAL LIFE – CIVIL LAW INSIGHT." In European realities - Power : 5th International Scientific Conference. Academy of Arts and Culture in Osijek, J. J. Strossmayer University of Osijek, 2023. http://dx.doi.org/10.59014/lqjg2908.
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In this paper, the issue of the power the Internet Service Providers (ISPs) have over people’s digital lives is examined through the following examples: inheritance of digital assets, users’ rights over digital content and their inability to transfer it after purchase, and implicit consent to unexpected clauses found in ISPs’ Terms of Service (ToS). This paper draws attention to the rules most people accept daily, without even noticing them or knowing what the consequences of their acceptance are. 1) In the context of inheritance, after users die, ISPs will usually not allow their heirs to access their digital assets and accounts, even if users stated the opposite in their wills. This can pose problems, both for the heirs because many of those assets have a real monetary and emotional value, but also to ISPs, because many of them have faced lawsuits from heirs wanting access to deceased’s accounts. 2) The issue of the rights users hold over digital content polemicizes those situations in which a person, after purchasing certain digital content, does not become its owner, but acquires only the right of use, until death. Therefore, he/she cannot transfer those assets to anyone, both during his/her life and after death. If he/she would do so, it would, in case of most digital content, constitute copyright infringement. 3) In terms of consent, users often accept various clauses that ISPs put in their ToS, some of which are not expected to be a part of ToS. Some of them have little or nothing to do with the purpose that the users intended to achieve on ISP’s websites. In a hurry to use ISP’s services, a person may accept many conditions that he/she might not accept in the physical world, which, in turn, might lead to court proceedings after the user becomes aware of what he/she has consented to. The authors methodologically deal with the stated issue using analysis, compilation, and case methods, trying to reach valid (civil) legal conclusions. In this regard, the basic problems of the paper will be elaborated analytically, by using valid domestic and foreign civil law literature. Stated conclusions are supported by concrete examples that appear in the (IT) practice.
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Rezer, Tatiana. "Privacy Right as A Personal Value in an Information Society." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-76.
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The relevance of the topic is that the continuous and rapid increase in the role and volume of information in human life leads to the need to develop ways of protecting private information as a subject of personal property and personal value. Privacy is a natural human right and is enshrined in the European Convention on the Protection of Human Rights and Basic Freedoms, as well as in the Constitution of the Russian Federation. The regulation of the right to privacy is enshrined in the Russian Civil and Criminal Codes, which provide for legal liability for violations of this right. However, with regulations in place, the human element remains and often leads to leaks of private information, which destroys the personal value of the right. The article examines the concept of the right to privacy, its importance in the information society and human life, and the ways in which it can be protected. The aim of the study is to identify ways of protecting and complementing the right to privacy in the information society. The comparative legal analysis method allowed us to identify the mechanisms for the legal protection of the right to privacy. The case-analysis method enabled us to analyse Yandex’s data breach situation, while the content analysis method allowed us to make recommendations for protecting personal data. Main conclusions: the right to privacy as a personal value in the information society has not been sufficiently addressed in the scientific literature; self-protection as well as raising human legal awareness of information technology can be used as mechanisms to protect privacy.
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Damovski, Andon. "CONTEMPORARY SOCIOLOGICAL ISSUES THROUGH THE PRISM OF PUBLIC POLICY." In SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.5.21.p25.
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The boundaries of modernism are fluid, not only in purely temporal terms but also in sociological terms. The famous Polish sociologist Zygmund Bauman speaks about the very notion of fluid society, and according to him, fluid modernism has changed the way we think and experience the modern world. In his masterpiece Fluid Times, Bauman explores, examines, and attempts to explain the sources and causes of the endemic uncertainty that shapes life in a globalized world. This is primarily due to the speed and depth of change that has taken place over the past decades. These changes concern the fall of communism, the block division of the world, but also the enlargement of the European integration or the increase in the number of new nation-states and conflicts. Consequently, modern social interactions and processes create new sociological issues in society, which significantly change the direction of action of sociology itself. For this goal, modern sociology emphasizes focuses on citizenship and civil rights and responsibilities, an ideology that guides societies, collective action and social movements, culture and globalization. That is why today it is very difficult to systematize all sociological works or to include all theorists. Within this text, the emphasis is placed on public policy and its importance in contemporary sociology. The challenges that contemporary sociology faces in solving contemporary sociological issues were analyzed through the differentiation of three separate but related aspects (civic partnership, culture, and globalization) within the complexity of public policy. Keywords: sociology, public policy, culture, globalization, civil partnership
Reports on the topic "Civil rights – Europe – Cases"
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Milican, Juliet. Mapping Best Practice Guidelines in working with Civil Society Organisations. Institute of Development Studies, April 2022. http://dx.doi.org/10.19088/k4d.2022.092.
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This report sets out to map the different guidance documents available on how to work most effectively with civil society in the delivery of international aid in ways that deepen democracy and advance the rights of marginalised or excluded groups. It includes a review of guidelines published by other key international development funders and implementors written for their own teams, an overview of guidance provided for DAC members within OECD countries and policy papers on cooperation between the state and CSOs. It looks primarily at documents produced in the last ten years, between 2011 and 2021 and includes those related to cooperation on specific issues (such as drugs policy or human rights, as well as those that deal with specific countries or regions (such as Europe or the MENA region). The majority of documents identified are written by government aid departments (eg USAID, Norad) but there are one or two produced by umbrella civil society organisations (such as Bond) or international legal think tanks (such as ICNL, the International Centre for Not for Profit Law). There was a remarkable consistency between the issues Millican addressed in the different documents although their size and length varied between outline guidance on 2 – 3 pages and a comprehensive (62 page) overview that included definitions of civil society, range of organisations, reasons for collaborating, mechanisms for financing, monitoring and ensuring accountability and challenges in and guidance on the ways in which donors might work with CSOs.
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Obado-Joel, Jennifer. The Challenge of State-Backed Internal Security in Nigeria: Considerations for Amotekun. RESOLVE Network, December 2020. http://dx.doi.org/10.37805/pn2020.9.ssa.
Full textAbstract:
Nigeria faces immense internal security challenges, including the Boko-Haram crisis in the northeast and violent farmer-herder conflicts in the southwest and north-central states. Across the Nigerian federation, pockets of violent clashes have sprung and escalated in new locales in the last decade. Community responses to these violent crises have been diverse and included the establishment of armed groups to supplement or act in parallel to the security efforts of the Nigerian state—in some cases with backing from federal or state governments. These local security assemblages, community-based armed groups (CBAGs), are on the one hand contributors to local order, and normative conceptions of peace and security. On the other hand, these groups are often a pernicious actor within the broader security landscape, undermining intercommunal peace and drivers of violence and human rights abuses. This Policy Note focuses on the characteristics, challenges, and opportunities of Amotekun, a recently formed CBAG in Southwest Nigeria. Drawing from the experiences of similar Nigerian groups, the Note details recommendations that may facilitate greater success and lessen poten al risk associated with Amotekun’s formation. These recommendations are aimed primarily at Nigerian government and civil society actors and describe areas where external support could potentially improve local capacity to conduct oversight of Amotekun and similar groups.
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Berggren, Erik, ed. Migration and democracy. Linköping University Electronic Press, June 2024. http://dx.doi.org/10.3384/9789180753036.
Full textAbstract:
This report is made by students at the International Master’s Programme in Ethnic and Migration Studies (EMS), Campus Norrköping, Linköping University (LiU). At the end of the first year of the Programme, students take the course “Critical Cases in Ethnic and Migration Studies” with Erik Berggren as Course Coordinator. In this course the students apply their knowledge and experiences in Ethnic and Migration studies to produce their own articles on a given theme. This year´s theme is “Migration and Democracy” sparked by recent moves towards more restrictive and punitive migration policies around the world, including Sweden. This development gives reasons to look into questions of democracy in connection to migration policy, at migrants (immigrants, refugees, and asylum seekers) inclusion or exclusion from different realms of society, and, not least, if migrants, and immigrants, are seen as rights-bearing subjects or not. The articles engage with different aspects of migrant experiences, and democratic, social, and educational exclusions or inclusions. Many texts go beyond Sweden and Europe and look to South America. Some seek the voices of migrants themselves. Other articles deal with anti-immigrant policies and rhetoric, their structure and how they are rationalised. The International Master’s Programme in Ethnic and Migration Studies is a part of the Institute for Research in Migration, Ethnicity and Society (REMESO), at the Department Culture and Society (IKOS) at LiU. Programme Director is Professor Claudia Tatzreiter. REMESO is an international institute that pursues research and education. The REMS report is one of the ways in which we, as students, are trained to identify and analyse problems related to migration, integration, and diversity and to make research and education accessible to a wider audience. The first-year students of EMS, 2023.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, May 2024. http://dx.doi.org/10.55042/xubk6023.
Full textAbstract:
Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies, January 2022. http://dx.doi.org/10.55271/5jchdy.
Full textAbstract:
Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies (ECPS), January 2022. http://dx.doi.org/10.55271/rp0001.
Full textAbstract:
Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.