Relevant bibliographies by topics / Ligitation concerning individual freedoms

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  1. Journal articles
  2. Dissertations / Theses
  3. Book chapters
  4. Conference papers

Academic literature on the topic 'Ligitation concerning individual freedoms'

Author: Grafiati
Published: 8 February 2025

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Journal articles on the topic "Ligitation concerning individual freedoms"

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KAZANCHIAN, Lilit. "Features Of Fundamental Rights In The Context Of The Philosophy Of Law." WISDOM 14, no. 1 (March 24, 2020): 159–65. http://dx.doi.org/10.24234/wisdom.v14i1.323.

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The article explores the notion and peculiarities of fundamental rights of the individual in the modern, legal state. In the given research the author implements versatile, holistic, systematical (methodical) analysis of content and distinguishing features of the structural element of the concept “legal status of the individual”. Therefore, the theoretical and practical research of problems of development of fundamental human rights, gives an opportunity to find new solutions in protections of relations concerning the individual's legal status. This study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the fundamental rights of the individual. Summering up the results of explored issues, we concluded, that in recent decades, the philosophy of law (with the theory of state and law) took under its active protection and guardianship man with his rights, freedoms and legitimate interests, and which have ceased to be the subject of national legislation’s regulation, and moved to the international legal platform. Consequently, the government is obligated to guarantee the fundamental human rights and freedoms. Hence, theoretical, methodological and practical analyze of problems of the individual's legal status and elaboration of suggestions concerning enhancement of national legislation, is one of the most actual problems of jurisprudence.
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Chałubińska-Jentkiewicz, Katarzyna. "Operations in Cyberspace vs Human Rights and Freedoms." Polish Political Science Yearbook 51 (2022): 1–14. http://dx.doi.org/10.15804/ppsy202263.

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The dynamic civilisation transformations observed worldwide in recent years have arisen from the rapid development of information and the ICTs that support it. Cyberspace is a new sphere affected by these processes, and it evolves alongside the threats occurring therein. Nowadays, no country’s cyberspace is entirely secure. Cyber threats are characterised by unpredictability and global reach. In modern times, cyberspace is a symbol of development, the freedom of speech, and the right to privacy and every interference in the behaviours of its users is associated with an attack on these values. The article discusses the fundamental problems concerning operations in cyberspace justified by the violation of human rights but should also be assessed in the context of interference with the scope of individual rights and freedoms, including in times of seemingly normal functioning, namely in times of peace.
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Rosicki, Remigiusz. "State security and individual security as exemplified by operational surveillance used by the Polish counter-intelligence service." Przegląd Politologiczny, no. 3 (September 15, 2021): 5–23. http://dx.doi.org/10.14746/pp.2021.26.3.1.

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The material scope of the research problem presented in the text encompasses the issues concerned with operational surveillance that the Polish civilian counter-intelligence service, i.e. the Internal Security Agency (in Polish abbreviated as ABW – Agencja Bezpieczeństwa Wewnętrznego), is authorised to. The main purpose of the analysis is to assess the changes introduced as a result of the passing of the so-called Surveillance Act in 2016. The Act was supposed to introduce new regulations with regard to the powers concerning operational surveillance and obtaining of ICT data, granted to particular secret and police services. The said changes were enforced by the judgment of the Constitutional Tribunal, which in 2014 found numerous violations of the provisions of the Constitutions of the Republic of Poland caused by the existing regulations authorising the services to engage in particular operational and investigative actions. In order to elaborate the material scope of the research problem, and to present the conclusions, the following research questions have been presented in the text: Do the legal regulations concerning the powers vested in the Polish civilian counter-intelligence service within operational surveillance infringe individual rights and freedoms (e.g. the right to privacy, protection of personal information, privacy of correspondence), and if so, then to what extent? Functional and pro-constitutional interpretations have been applied to assess the provisions regulating the powers of the Internal Security Agency with regard to operational surveillance and obtaining of ICT data. The functional interpretation focuses on the function of selected legal solutions, whereas the pro-constitutional interpretation focuses on the assessment of legal solutions in the context of the principles of a democratic state ruled by law, as well as human rights and freedoms. As regards the pro-constitutional interpretation, the tool used for assessment is the test of proportionality, i.e. the rule used for interpreting legal norms according to the degree and legitimacy of the interference in individual rights and freedoms.
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Balynska, Olha, Maksym Korniienko, Oleh Martseliak, Vira Halunko, and Ihor Mahnovskyi. "Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement." Khazanah Hukum 6, no. 1 (March 1, 2024): 1–10. http://dx.doi.org/10.15575/kh.v6i1.33775.

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The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
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Lyapunov, B. A. "Privacy of an individual: the concept, essence and legal nature." Actual Problems of Russian Law, no. 2 (February 1, 2019): 33–42. http://dx.doi.org/10.17803/1994-1471.2019.99.2.033-042.

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The article is devoted to the issues of comparative legal analysis and correlation of theoretical and legal concepts of personal privacy prevailing in foreign legal literature, and is aimed at determining the legal nature, essence and social value of privacy for the individual, society and the State in the conditions of formation and development of social relations in the age of information technology. For the first time in the domestic legal literature, the article attempts to define the author’s theoretical and legal model (concept) of understanding privacy of an individual as a complex system of interrelated elements, i.e. rights and freedoms of the individual, reveals the essence and legal nature of relevant elements, provides for the author’s definitions of elements in question, and draws conclusions concerning importance of this approach for both domestic legal science and court practice.
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Sobczyk, Paweł. "Wolność sumienia i religii w art. 53 Konstytucji Rzeczypospolitej z dnia 2 kwietnia 1997 r." Prawo Kanoniczne 44, no. 3-4 (December 10, 2001): 207–23. http://dx.doi.org/10.21697/pk.2001.44.3-4.08.

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The 53rd article of the Constitution of the Republic of the Poland concerning the freedom of faith and religion, adopted of the 2nd of April 1997, is a result of a long lasting constitutional debate since 1989. Debate’s counterpatrs were: the President of the Polish Republic, the Constitutional Commission of the National Assembly, the Constitutional Commissions of the two chambers of Polish Parliament: the Sejm and the Senate, political Parties and citizens’ movements as well as individual persons. This broad engagement shows the importance of issues affecting freedoms and human rights of the citizens in the Republic of Poland. It underlines especially the idea of the constitutional legislator thet the freedom of faith and religion is a primary and indispensable right of a human beeing. More then that, as far as this freedom touches the crucial element of the human nature, it creates in every person a deep foundation for the existense of other freedoms.
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Astafichev, Pavel. "Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 42–53. http://dx.doi.org/10.35750/2071-8284-2021-1-42-53.

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The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.
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Chochowski, Krzysztof. "Postępowanie kontrolne wobec osób posiadających poświadczenie bezpieczeństwa a ochrona informacji dotyczących jednostki." Opolskie Studia Administracyjno-Prawne 17, no. 1 (November 15, 2019): 33–49. http://dx.doi.org/10.25167/osap.1491.

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This text presents considerations regarding control follow-up for persons who have a security clearance, the proceeding being aimed at verifying whether the said person still guarantees the confidentiality of secret information. As part of this proceeding, a person who is subject to a control review procedure is subject to restrictions on some of his or her rights and freedoms, in particular the right to protect information concerning him or her. The aim of the considerations is to present the control proceedings conducted against persons possessing security clearance, in the context of protection of the rights of the individual concerned.
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Kapelańska-Pręgowska, Julia. "The (still) Unresolved Question of COVID-19 Passes Compatibility with the ECHR. Comments on the ECtHR Decision of 7 October 2021 in Zembrano v. France (Application no. 41994/21)." Polish Review of International and European Law 11, no. 1 (June 30, 2022): 169–82. http://dx.doi.org/10.21697/2022.11.1.07.

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This article analyses the question of compatibility of COVID-19 passes with the European Convention of Human Rights. The present commentary’s point of reference is the European Court of Human Rights inadmissibility decision in Zembrano v. France. Nevertheless, the main focus is not given to the admissibility criteria but to the more general considerations concerning restrictions of individual rights and freedoms introduced in the context of the current pandemic. The article offers some insights into the necessity and proportionality of an interference (the COVID-19 pass requirement). It also discusses if such measures are discriminatory or not
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Gołębiowska, Anna. "Gwarancje wolności sumienia i religii w Konstytucji Rzeczypospolitej Polskiej z dnia 2 kwietnia 1997 r." Prawo Kanoniczne 54, no. 3-4 (July 9, 2011): 333–65. http://dx.doi.org/10.21697/pk.2011.54.3-4.13.

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The systemic transformation initiated by the Roundtable talks of 1989 made it necessary for Poland to amend its constitution, including the regulations concerning the freedom of conscience and religion. Reflecting only the Catholic Church’s official positions, presents issues concerning the Catholic Church’s position on religious freedom in the individual dimension, that is, the freedom of conscience and religion. The Conference of the Polish Episcopate’s 1990-1997 positions on religious freedom in the individual dimensions contained some of the most important aspects of the teaching of the Second Vatican Council. The constitutional guarantees of religious freedom contained in the article 53 – freedom of conscience and religion – should be seen as a compromise between the principles of liberal ideology and the teachings of the Second Vatican Council. Debate’s counterparts were: the President of the Polish Republic, the Constitutional Commission of the National Assembly, the Constitutional Commissions of the two chambers of Polish Parliament: political Parties and citizens’ movements as well as individual persons. More then that, as far as this freedom touches the crucial element of the human nature, it creates in every person a deep foundation for the existence of other freedoms.
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Dissertations / Theses on the topic "Ligitation concerning individual freedoms"

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Goni, Kassandra. "L’article 66 de la Constitution du 4 octobre 1958." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0345.

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La genèse de l’article 66 de la Constitution s’inscrit dans une volonté d’affirmation libérale face à l’existence de pratiques arbitraires du pouvoir. L’indépendance de l’autorité judiciaire consacrée, le constituant originaire lui a attribué la mission de gardienne naturelle de la liberté individuelle. La juridiction administrative a quant à elle été délibérément écartée, justifié par son manque d’indépendance pour garantir les droits et libertés. À la lumière de la mutation progressive de la conception de la liberté individuelle opérée par le Conseil constitutionnel, l’article 66 devient, eu égard à l’indépendance de la juridiction administrative et de la « conception française de la séparation des pouvoirs », une clé de répartition du contentieux des libertés individuelles entre les deux ordres de juridiction. Au regard de l’étude empirique quantitative et qualitative de 179 décisions du Conseil constitutionnel relatives aux libertés individuelles, il apparaît en effet que le juge administratif peut-être désormais compétent pour connaître du contentieux des libertés personnelles rattachées aux articles 2 et/ou 4 de la Déclaration des droits de l’homme et du citoyen de 1789. L’article 66 n’incarne ainsi plus exclusivement la garantie judiciaire de la liberté individuelle, le redéploiement de la portée contentieuse de l’article 66 remettant en cause l’argument statutaire qui justifiait jusqu’alors l’octroi de la mission de gardienne de la liberté individuelle à l’autorité judiciaire. L’étude se propose ainsi de repenser le rapport qu’entretient la Constitution à la garantie des libertés individuelles par le prisme de l’indépendance des juridictions impliquant, dès lors, de réfléchir à des modifications du Titre VIII de la Constitution
The genesis of article 66 of the Constitution lies in a desire to assert a liberal stance in the face of arbitrary practices by those who govern. With the independence of the judiciary enshrined, the original constituent power assigned to it the role of natural guardian of individual freedom. The administrative court, however, was deliberately sidelined, justified by its lack of independence in guaranteeing rights and freedoms. In the light of the gradual change in the Conseil constitutionnel conception of individual freedom, article 66 is becoming, in view of the independence of the administrative court and the ‘French conception of the separation of powers’, a key to the division of disputes concerning individual freedoms between the two branches of court. A quantitative and empirical study of 179 decisions of the Conseil constitutionnel relating to individual freedoms shows that the administrative courts now have jurisdiction to hear cases involving the personal freedoms set out in articles 2 and/or 4 of the Declaration of the Rights of Human and of the Citizen of 1789. Article 66 thus no longer embodies exclusively the judicial guarantee of individual freedom, and the redeployment of the contentious scope of article 66 calls into question the statutory argument that hitherto justified granting the judicial authority the role of guardian of individual freedom. The study therefore proposes to rethink the relationship between the Constitution and the guarantee of individual freedoms through the prism of the independence of the courts, which means that we need to reflect on modifications to Title VIII of the Constitution
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Book chapters on the topic "Ligitation concerning individual freedoms"

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Maceratini, Arianna. "New Technologies and Privacy." In Handbook of Research on Applying Emerging Technologies Across Multiple Disciplines, 232–48. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-7998-8476-7.ch013.

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This work proposes a necessarily partial and evolving reflection on the dynamics by which information technologies have progressively changed the definition and interaction between privacy and knowledge, focusing on crucial points from a legal point of view. The relevance of the debate that has developed in recent years, on these issues, is evidenced by numerous initiatives and measures—both European and international—which offer answers to phenomena such as the development of the internet of things and, more generally, to progress in computer science and robotics. From this perspective, uncertainties are raised concerning the necessary respect for privacy and individual dignity to be balanced with the right to inform and to be informed, as evidence of an effectively shared knowledge. The critical point of the question is, in any case, the identification of a flexible balance between freedom and constraint, considering the violation of privacy not only as a mere limitation of individual potential, but as a factor capable of undermining the core of personal freedoms.
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Goldrick, Dominic Mc. "The Origins, Drafting and Significance of the International Covenant on Civil and Political Rights." In The Human Rights Committee, 3–43. Oxford University PressOxford, 1991. http://dx.doi.org/10.1093/oso/9780198252788.003.0002.

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Abstract The traditional rule of international law was that, apart from the treatment of aliens,3 and possibly humanitarian intervention,4 the rights of individuals were not matters regulated by international law. Some of the earliest examples of international law concerning itself with individual rights can be observed in the attempts in the nineteenth century to abolish slavery and the slave trade. The revolutionary development of the twentieth century (though some would argue it is more properly viewed as an evolutionary development) has been the internationalization of the concept of human rights. Among the most significant milestones in this development were the Covenant of the League of Nations (1919), the Mandates System, the establishment of the International Labour Organization (1919), the Minorities Treaties and Declarations, President Roosevelt’s ‘Four Freedoms’ address in his message to Congress on 6 January 1941, the Declaration of the ‘United Nations’ of 1 January 1942, and the Charter of the United Nations (1945).
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Radomirović, Ivana. "Res sacrae – legal status and legal protection." In Savremeno državno-crkveno pravo : uporednopravni izazovi i nacionalne perspektive, 1145–65. Institut za uporedno pravo, 2023. http://dx.doi.org/10.56461/zr_23.sdcp.51.

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The subject of this article is the legal status of res sacrae in the law of the Republic of Serbia, concerning individual solutions of other legal systems. Some legal questions may be raised regarding this traditional institute of ancient Roman law, which reached the regulations of modern canonical law and certain state laws through canon law. Res sacrae should not be considered a special type of property, but special characteristics of the object of property, which deserve some special legal attributes due to their close connection with the worship and freedom of religion. Therefore, this paper presents the characteristics of res sacrae, i.e. the question of transferability, ownership restrictions and ways of acquiring and losing the status of res sacrae. The special characteristics of res sacrae are primarily intended for their protection and preservation of their sanctity, so the question of alternative mechanisms for the protection of res sacrae has arisen. Therefore, the other subject of this paper is the provision of legal protection of res sacrae through the protection of freedom of religion from Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as through national regulations on cultural property.
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Ledwoń, Paulina. "Poland: An Attempt at a Balance Between the Protection of Family Holding and the Freedoms of the European Union." In Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 199–217. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_8.

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The aim of this article is to present the problem of acquisition (including cross-border acquisition) of agricultural real estates and agricultural holdings in the Republic of Poland, with particular empha- sis on the issue of regulating the acquisition of agricultural real estates as an instrument for the protection of family farms. By analyzing current legislation, jurisprudence, and doctrine, the author tries to discern the key issues in the field of agricultural law. Starting from fundamental notions on which the whole article is based, such as real estate, agricultural real estate (land), agricultural holding, individual farmer, and family holding, the author proceeds to detail issues concerning the acquisition of ownership of agricultural land (holdings), including inheritance, acquisition of other rights on agricultural land, establishment of a bonding relation in the form of a lease of agricultural land, and acquisition of shares (stocks) in companies that own agricultural land. Next, the author presents the constitutional norm of the agricultural system of the Polish state and attempts to answer the question of whether the Commission proceedings have been initiated against Poland in connec- tion with the breach of obligations. In conclusion, the author concludes that a considerable part of the issues taken up by the European Commission in the Interpretative Communication touches upon the Polish legal instruments of agricultural law.
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Kolarić, Dragana. "NEW TENDENCIES IN THE PROTECTION OF THE RIGHT TO LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS - CHALLENGES FOR THE REPUBLIC OF SERBIA." In The right to life and body integrity, 75–119. Institute of Criminological and Sociological Research, Bar Association of Vojvodina Novi Sad, 2024. http://dx.doi.org/10.47152/ns2024.3.

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The right to life belongs to the hard core of human rights, which cannot be derogated, guaranteed by Art. 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 24 of the Constitution of the Republic of Serbia. The European Court of Human Rights has built important standards regarding the protection of the right to life. Non-derogability is highlighted by some authors as an important characteristic of absolute rights. However, there are inherent limitations to the right to life, unlike some other rights that belong to the core of human rights, which have no inherent limitations, thus denying it absolute character. If the deprivation of life is allowed in certain situations according to paragraph 2 of Article 2 of the European Convention on Human Rights and Fundamental Freedoms, does this, by its very nature, negate its absolute significance? Through an analysis of some recent decisions of the European Court of Human Rights related to Article 2 and Article 8, concerning the right to life and the right to respect for private and family life, which are linked to Article 23 of the Constitution of the Republic of Serbia, regarding the right to dignity and free development, the author points to a new sensibility, a new “essence” and “nature” of the legal reasoning of the Strasbourg court. It sheds light on the right to life in a different way, increasingly highlighting the right of an individual to self-determination, a dignified life, and personal freedom. In the judgment of the ECtHR in Mortier v. Belgium, where it was examined for the first time whether the act of euthanasia was in accordance with the ECHR, the nature and scope of the state’s positive obligations (material and procedural) were explained based on Art. 2 in the very specific concrete context of euthanasia requested by a depressed woman. This case was examined also under both Article 2 and Article 8. Furthermore, the decision of the Chamber in Gross v. Switzerland, although it never became legally binding, is significant because of the issues it raised. Namely, the Chamber’s decision established a violation of Art. 8 because the Swiss law is not sufficiently clear and specific regarding the permissibility of assisting suicide. As part of dealing with this topic, particular attention has been given to the expert analysis of the decision by the Federal Constitutional Court of Germany, which determined that the criminalization of assistance in suicide under paragraph 117 is unconstitutional. Bearing in mind that these decisions are closely related to the corresponding incriminations in the criminal legislation, the author points to new tendencies in the protection of the right to life in the criminal law. In the direction of challenges for the future work of the Constitutional Court of Serbia, in addition to clarifying the nature and scope of the state’s positive obligations (material and procedural) based on Art. 2 in the specific concrete context of the execution of euthanasia, the author referred, related to Article 2, to the analysis of the nature and extent of the state’s positive obligations (material and procedural) based on Art. 2 in the specific context of domestic violence in the judgment of the Chamber and Grand Chamber in Kurt v. Austria,1 bearing in mind the similarity of the legal framework for combating domestic violence between Austria and Serbia. This decision also sets standards, specifying the scope and content of the state’s positive obligation, from paragraph 115 of the judgment of the Grand Chamber in Osman v. the United Kingdom, regarding the obligation to take preventive operational measures to protect an individual whose life is threatened by the commission of criminal acts by another individual.
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"There were also other alternatives such as blood feud (speaks for itself) and trial by ordeal. At the latter, the Church was in attendance to oversee a range of tests that, to an observer, would look like the infliction of punishment after guilt had been determined. If the test was successfully passed—and it could only be ‘won’ if the Christian God intervened—the person taking the test was innocent. For example, in one form of trial by ordeal the person claiming innocence would plunge a hand into boiling water. If there was no blistering after a few days (highly unlikely, it was believed at the time, without supernatural intervention), the person was judged to be innocent. For those who feel adventurous, trial by battle remains on the statute books. Relief may be felt that trial by ordeal is no longer an option. Gradually, royal justice as trial by law took over through a combination of efficiency and threat by the crown. Later in his summing up, Comyn J refers to the battle as a ‘Battle Royal’. This connection could be taken as a reminder that the majority of battles from the 16th century onwards involving the monarch were indeed battles concerning religious differences. A serious event about right and wrong. The notion of ‘right’ suggesting ideas of ‘good’ and the notion of wrong suggesting ideas of ‘evil’. The text also discusses Christian cosmology and the existence of Satan. Throughout the text, the discussion of the battle between ‘good’ and ‘evil’ shadows here the religious. ‘Right’ and ‘wrong’ are also suggestive of the moral dimensions of the case. Whilst the English adversarial system lends itself to the use of such war imagery, the judge reserves the right to say what the battle is about and he clearly rules out the possibility that it is a battle between individual freedoms of expression (religious freedom and the freedom of the press). This is a classic example of setting boundaries by stating what is not legitimately involved and a classic illustration of an everyday activity in the court. No rationale is given for the boundaries and exclusion. Indeed the elaborate explanations given for exclusion could be evidence that strongly suggest that, insofar as the judge is concerned, the dispute before him is indeed a battle concerning religious freedom. Comyn J defines the area of dispute. He draws its boundaries without the slightest recognition of another interpretation of events. It is good to realise at the beginning of legal studies that the court has the power to draw boundaries without explanation, in this way. It is part of its exercise of power. In Figure 2.9, below, extract 3: Orme v Associated Newspapers Group Inc (1981) is set out. It contains 16 examples drawn from the totality of the summing up which runs to over 200 pages. They give the flavour of the summing up but have been chosen particularly to illustrate the use of repetition and alliteration." In Legal Method and Reasoning, 40. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-27.

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Conference papers on the topic "Ligitation concerning individual freedoms"

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Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." 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/18304.

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The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the application of the Charter in the case law of the Croatian Constitutional Court and the method of interpretation pursued, with special reference to both its shortcomings and benefits. The paper also investigates the reasons for limited application of the Charter, even in those cases which would normally fall under the scope of application of EU law. The analysis indicates two distinct methodological approaches adopted by the Constitutional Court. The first one, where the Charter has been regarded as an interpretative tool only; and the second one, where the Charter has been found to be directly applicable vis-à-vis individual rights inferred from the EU law. The latter approach, first followed in an asylum case No. U-III-424/2019 (X. Y.), had raised new questions on interpretation of the Charter (with respect to the Croatian constitutional framework) in the cases where the Charter's applicability ratione materiae overlaps with the Croatian Constitution and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, which to the day, in contrast to the Charter, has been consistently followed and therefore legally internalised by the Croatian Constitutional Court. Therefore, the paper also elaborates a new methodological approach adopted by the Croatian Constitutional Court in finding a way out of „limbo“ between the Charter, the ECHR, and the Croatian Constitution.
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