Relevant bibliographies by topics / Privacy, Right of – European Union countries

Academic literature on the topic 'Privacy, Right of – European Union countries'

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Published: 10 March 2023
Last updated: 11 March 2023

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Journal articles on the topic "Privacy, Right of – European Union countries"

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Mutiara, Upik, and Romi Maulana. "PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI." Indonesian Journal of Law and Policy Studies 1, no. 1 (May 31, 2020): 42. http://dx.doi.org/10.31000/ijlp.v1i1.2648.

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Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
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Gruodytė, Edita, and Saulė Milčiuvienė. "Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?" Baltic Journal of Law & Politics 9, no. 2 (December 1, 2016): 150–70. http://dx.doi.org/10.1515/bjlp-2016-0016.

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Abstract In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.

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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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YAVARI, Asadollah, and Saeedeh MAZINANIAN. "Privacy in Cyberspace: Islamic Republic of Iran Perspective." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 208. http://dx.doi.org/10.14505//jarle.v11.1(47).25.

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Privacy is one of the cornerstones of the realization of human rights in a democratic system and is defined as a realm of everyone's life, is not accessible to others. Thus, privacy in cyberspace has a similar definition. Since privacy and data protection have different definitions for business owners, governments, and the general public, unlike other areas of law, which have well-established legal concepts, norms, and principles, privacy and data protection is an area of law that is not currently consolidated. The right to privacy, therefore, falls into two normative frameworks: preventing violation of the privacy of others, and training and guidance on secrecy. Data protection and privacy are not limited to one legal area. Data protection and privacy laws include areas of intellectual property, competition, and part of cybercrime. Since the level of individuals' privacy is determined by the national laws of each country or political entities such as the European Court of Human Rights (ECtHR) and the European Court of Justice, through the EU's General Data Protection Regulations applicable since 2018, the European Union (EU) has set criteria that will have a major impact on data protection and privacy laws in other countries. Furthermore, as privacy is one of the strongest recommendations of Islam, the law of cybercrime (2009), the law of freedom to access to information (2010), the charter of citizens' rights (2016) is supported in the positive laws of the Islamic Republic of Iran as well as in the constitution. The most important question in this article is what is the scope of privacy in cyberspace and to what extent do laws and regulations support it? Therefore, this descriptive-analytical study analyzes the concept of privacy and the scope of its right in the laws and regulations of the Islamic Republic of Iran and the challenges that the right of privacy faces.
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Wilk, Dariusz. "FORENSIC DATABASES IN POLAND. LEGAL ISSUES RELATED TO RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO PRIVACY." Criminalistics and Forensics, no. 66 (2021): 285–305. http://dx.doi.org/10.33994/kndise.2021.66.23.

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Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues related to the distinction between different categories of data subject and retention time of personal data were especially commented in the view of right to the protection of personal data and right to privacy.
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Wilson, Kerianne. "Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World." Air and Space Law 41, Issue 3 (May 1, 2016): 229–64. http://dx.doi.org/10.54648/aila2016019.

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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Mujuzi, Jamil Ddamulira. "Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (June 26, 2016): 107–34. http://dx.doi.org/10.1163/15718174-24032088.

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Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.
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Hodges, Ann C. "Bargaining for Privacy in the Unionized Workplace." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 2 (June 1, 2006): 147–82. http://dx.doi.org/10.54648/ijcl2006009.

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Abstract: This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights of consultation with employers and take a more proactive approach to protection of employee privacy. While this approach offers promise for achieving greater privacy for employees and more flexibility for employers, the article concludes that it is unlikely to be widely adopted in the U.S. because of the limited power of labor unions.
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Mendzhul, M. V., and N. O. Davydova. "The mechanism of civil law regulation of property relations of partners in de facto unions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.

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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.
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Białkowska, Paula Maria. "Legal and Ethical Grounds of Professional Secrecy of a Lawyer in Selected European Union Countries and in the United States of America." Review of European and Comparative Law 45, no. 2 (June 16, 2021): 77–103. http://dx.doi.org/10.31743/recl.11456.

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The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality.
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Dissertations / Theses on the topic "Privacy, Right of – European Union countries"

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SCHULTE-CLOOS, Julia. "European integration and the surge of the populist radical right." Doctoral thesis, European University Institute, 2019. http://hdl.handle.net/1814/63506.

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Defence date: 2 July 2019
Examining Board: Professor Hanspeter Kriesi, European University Institute (Supervisor); Professor Elias Dinas, European University Institute; Professor Liesbet Hooghe, University of North Carolina at Chapel Hill; Professor Kai Arzheimer, Johannes Gutenberg University Mainz
Does European integration contribute to the rise of the radical right? This dissertation offers three empirical contributions that aid understanding the interplay between political integration within the European Union (EU) and the surge of the populist radical right across Europe. The first account studies the impact that the European Parliament (EP) elections have for the national fortune of the populist right. The findings of a country fixed-effects model leveraging variation in the European electoral cycle demonstrate that EP elections foster the domestic prospects of the radical right when national and EP elections are close in time. The second study demonstrates that the populist radical right cannot use the EP elections as a platform to socialise the most impressionable voters. The results of a regression discontinuity analysis highlight that the EP contest does not instil partisan ties to the political antagonists of the European idea. The third study shows that anti-European integration sentiments that existed prior to accession to the EU cast a long shadow in the present by contributing to the success of contemporary populist right actors. Relying on an original dataset entailing data on all EU accession referenda on the level of municipalities and exploiting variation within regions, the study demonstrates that those localities that were most hostile to the European project before even becoming part of the Union, today, vote in the largest numbers for the radical right. In synthesis, the dissertation approaches the relationship between two major current transformations of social reality: European integration and the surge of the radical right. The results highlight that contention around the issue of European integration provides a fertile ground for the populist radical right, helping to activate nationalistic and EU-hostile sentiments among parts of the European public.
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Zhou, Jia Lei. "EU water law : the right balance between environmental and economic considerations?" Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637070.

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Smith, Jason Matthew. "Extreme Politics: An Analysis of the State Level Conditions Favoring Far Right Parties in the European Union." Thesis, University of North Texas, 2003. https://digital.library.unt.edu/ark:/67531/metadc4177/.

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Three models are developed to analyze the state level conditions fostering the rise of far right parties in the European Union in the last two decades. The political background of these parties is examined. This study offers a definition for far right parties, which combines several previous attempts. The research has focused on the effects of the number of the parties, immigration, and unemployment on support for the far right in Europe. Empirical tests, using a random effects model of fifty elections in eight nations, suggest that there are political, social, and economic conditions that are conducive to electoral success. Specifically, increases in the number of "effective" parties favor the far right, while electoral thresholds serve to dampen support. Immigration proves to be a significant variable. Surprisingly, changes in crime and unemployment rates have a negative effect on support for the far right. Suggestions for future research are offered.
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Shoemaker, Melissa K. "A house divided evolution of EU asylum policy after the Bosnian war /." Fairfax, VA : George Mason University, 2009. http://hdl.handle.net/1920/4508.

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Thesis (Ph.D.)--George Mason University, 2009.
Vita: p. 279. Thesis director: Janine Wedel. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Public Policy. Title from PDF t.p. (viewed June 10, 2009). Includes bibliographical references (p. 223-278). Also issued in print.
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Gruni, Giovanni. "The right to food and trade law in the external relations of the European Union with developing countries." Thesis, University of Oxford, 2018. http://ora.ox.ac.uk/objects/uuid:3fce4f71-8f64-4c8f-ac9b-a21a52c02a96.

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The European Union has exclusive competence to negotiate trade agreements with third countries. Using this competence the European Commission developed an extensive policy to conclude free trade agreements with numerous countries around the world. These agreements include regulation of the import and export of food products and also involve developing countries prone to hunger and malnutrition. This thesis investigates the recent trade agreements between the European Union and developing countries from the perspective of the human right to adequate food. This thesis demonstrates that the clauses on import and export of food products of such agreements limit the capacity of the developing countries involved to realise the right to food of their citizens. This outcome does not take into account the normative content of the right to food as contained in international human rights law and is dismissive of the references to human rights contained in European Union funding treaties and in the previous agreements between the European Union and developing countries. This thesis also demonstrates that this outcome is mainly an autonomous policy decision of the European Union and its trade partners independent from the obligations of World Trade Organization law. The thesis concludes with several proposals of reform to conciliate the external trade objectives of the European Union with the human right to adequate food.
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Lai, I. Tak. "Towards the EU common migration and asylum policy : challenges or opportunities?" Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2555551.

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Jovanović, Marija. "Human trafficking, human rights and the right to be free from slavery, servitude and forced labour." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.

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The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
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Heine, Sophie. "Les résistances à l'intégration européenne en France et en Allemagne: une analyse des idéologies sous-tendant les critiques de gauche contre le Traité constitutionnel européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210553.

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Cette thèse constitue une analyse de contenu des critiques contre l'Union européenne exprimées par plusieurs acteurs politiques et sociaux de gauche en France et en Allemagne, au cours des débats sur le projet de Constitution européenne. Elle s'intéresse plus particulièrement aux idéologies sous-jacentes à ces critiques. Pour comprendre le sens de ces arguments, les comparer entre eux et les classer, certains idéaux-types ont été élaborés sur quatre dimensions (politique, socio-économique, identitaire et stratégique). Cette recherche a permis de combler une lacune importante dans l'analyse des acteurs dits "eurosceptiques", à savoir, l'étude des idéologies animant ces courants. L'essentiel de la littérature se concentre en effet surtout sur l'explication de l'euroscepticisme et, lorsqu'elle aborde leur idéologie, c'est pour construire des taxinomies excessivement globales. La thèse explore aussi en conclusion certaines pistes d'explications de ces résistances à l'UE en essayant d'aller au-delà des visions stratégiques, culturalistes et institutionnalistes, dominantes dans ce domaine, et en insistant davantage sur les dimensions idéelles et structurelles.

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This doctoral dissertation analyses the content of the critiques made by some left-wing social and political actors in France and Germany against the current EU. The study focuses on the debates that surrounded the project of European Constitution and more specifically on the more general ideologies underlying these arguments. In order to understand, compare and classify these critiques, idealtypes have been elaborated on four dimensions (socio-economic, political, identity-related and strategic). This research fills a gap in the literature analysing so-called "eurosceptic" actors by concentrating on the ideas conveyed by these currents. Indeed, most of this literature mostly tries to explain this phenomenon. And when it addresses the issue of ideology, it is only to build too far-reaching categories. The conclusion also aims at exploring possible explanations of theses resistances to the EU beyond the traditional theories, based on strategic agency, culturalism and institutionalism, and insisting more on the role of ideas and material structures.


Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished

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Vannes, Viviane. "Concilier le droit à l'action collective et les autres droit fondamentaux: recours au principe de proportion." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210492.

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Concilier le droit à l'action collective et les autres droits fondamentaux :recours au principe de proportionnalité ?

Difficile équilibre entre efficacité du droit de grève et respect des autres droits fondamentaux

Viviane Vannes

L’objet de la thèse est de vérifier si le principe de proportionnalité, entouré de certains critères fixes et cohérents, permet au juge de justifier de manière plus rationnelle une décision portant sur l’exercice du droit de grève. La proportionnalité est en effet de plus en plus invoquée dans la matière des conflits collectifs du travail soit pour admettre son exercice soit pour le limiter voire le sanctionner.

La première partie de la thèse entend identifier le concept de proportionnalité: notion, champ d’application, critères, limites, avantages et inconvénients. Elle est, aujourd’hui, l’instrument de référence comme mode de résolution des conflits de droit, à un point tel qu’elle est érigée au rang des principes de droit. C’est, la raison pour laquelle nous avons voulu déterminer les tenants et aboutissants du concept. Son inconvénient majeur est de s’appuyer, le plus souvent, sur des critères subjectifs :le raisonnable en droit, l’éthique du comportement et la morale sociale. Nous avons, alors, recherché des critères plus objectifs qui seraient susceptibles d’écarter le risque de subjectivité du juge. Nous avons observé qu’en droit européen, la Cour de Justice apprécie la validité d’un acte communautaire ou d’une mesure nationale en vérifiant s’il répond des critères précis :l’aptitude de l’acte à atteindre l’objectif poursuivi, la nécessité de l’acte en vue de l’atteindre et la proportionnalité intrinsèque de l’acte analysée dans ses rapports à l’égard de son ou ses destinataires. Ces critères sont également appliqués par la Cour européenne des droits de l’homme dans la matière portant sur l’application de la Convention européenne des droits de l’homme et des libertés fondamentales. L’analyse de cette jurisprudence permet d’affirmer qu’ils présentent une meilleure cohérence et plus d’objectivité que le raisonnable en droit.

La deuxième partie de la thèse s’attache à fixer le statut du droit de grève en Belgique. Compte tenu de l’absence de réglementation générale belge, nous avons, d’abord, pris en considération le droit international et européen. Nous en avons retiré des lignes directives de l’exercice normal du droit de grève. L’analyse de la doctrine et de la jurisprudence belge a, ensuite, permis de fixer les éléments suivants du droit de grève :notion, contours, conditions d’existence, de légalité, de légitimité; compétence du juge du fond et des référés en cas de litige portant sur l’exercice du droit de grève.

La troisième partie de la thèse identifie, dans la matière des conflits collectifs du travail, les droits susceptibles d’être soumis au raisonnement de proportionnalité et ceux qui ne le sont pas. Car, la proportionnalité ne résout pas tous les conflits. Elle ne s’applique pas lorsqu’il s’agit de juger de la légalité de la grève, de sa régularité et dans les situations de grève spontanée déclenchée en réaction aux violations par l’employeur de ses propres obligations. Elle concerne celles où le juge est amené à juger de la légitimité du moment de sa mise en œuvre, des buts poursuivis ou des atteintes que ses modalités causent aux droits subjectifs d’autrui. C’est, alors, le conflit entre des droits de même valeur juridique qui met en œuvre le jugement de proportionnalité :droit de grève et droit de propriété et liberté d’industrie des employeurs ;droit au travail des travailleurs non grévistes ;liberté d’industrie des tiers en relation commerciale avec l’entreprise en grève, fournisseurs, clients, usagers, d’exercer leur commerce, leur industrie ;liberté d’aller et venir des usagers d’un service public.

Dans les situations où elle s’applique, la thèse propose d’inviter le juge à appliquer des critères précis pour juger de la proportionnalité de la grève. Les demandes actuelles du justiciable de rationalité et de compréhension de la décision de justice l’exigent. C’est, dans son application comme mode de résolution des conflits de droit, que notre questionnement est de savoir si, les critères contenus dans le principe de proportionnalité de droit communautaire de l’aptitude, de la nécessité et la proportionnalité de l’acte, peuvent fixer une ligne de conduite destinée à établir les règles de l’exercice normal de la grève ?La réponse donnée est, selon nous, positive.

La thèse n’entend nullement porter atteinte au droit de grève. Il appartient au socle des droits sociaux fondamentaux. La reconnaissance du droit de grève aux travailleurs ou à leurs organisations syndicales est l’un des attributs essentiels des régimes démocratiques. Il n’est donc pas question de remettre en cause un droit fondamental durement acquis. Toutefois, l’essence même d’une société démocratique repose sur le respect d’autres droits, l’intérêt général, la sécurité, la propriété, la liberté au travail, la liberté d’entreprendre. C’est la raison pour laquelle, la thèse s’attache à la difficile question de la conciliation entre, d’une part, droit de grève et efficacité de la grève et, d’autre part, droits d’autrui.


Doctorat en droit
info:eu-repo/semantics/nonPublished

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PORCEDDA, Maria Grazia. "Cybersecurity and privacy rights in EU law : moving beyond the trade-off model to appraise the role of technology." Doctoral thesis, 2017. http://hdl.handle.net/1814/45944.

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Defence date: 30 March 2017
Examining Board: Professor Marise Cremona, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Anne Flanagan, Queen Mary University of London; Professor Ronald Leenes, Tilburg University
This thesis concerns a specific instance of the trade-off between security and ‘privacy rights’, namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of ‘(cyber)security’ and ‘privacy’ further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-àvis technology.
Chapter 4 draws upon an article in Neue Kriminalpolitik 4/2013
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Books on the topic "Privacy, Right of – European Union countries"

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Frank, Hendrickx, and Castro Catarina, eds. Employment privacy law in the European Union. Antwerpen: Intersentia, 2002.

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The emergence of personal data protection as a fundamental right of the EU. Cham: Springer, 2014.

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Carey, Peter. Data protection: A practical guide to UK and EU law. 3rd ed. Oxford: Oxford University Press, 2009.

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M, Carey Peter LL, ed. Data protection: A practical guide to UK and EU law. 3rd ed. Oxford: Oxford University Press, 2009.

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M, Carey Peter LL, ed. Data protection: A practical guide to UK and EU law. 2nd ed. Oxford: Oxford University Press, 2004.

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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main: P. Lang, 2008.

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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main: P. Lang, 2008.

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(Organization), Privacy International. European Union--privacy profile. London: Privacy International, 2011.

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Law Library of Congress (U.S.). Global Legal Research Directorate. Online privacy law: The European Union. [Washington, D.C.]: Law Library of Congress, Global Legal Research Center, 2012.

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Law Library of Congress (U.S.). Global Legal Research Directorate. European Union: ECJ invalidated data retention directive. [Washington, D.C.]: Law Library of Congress, Global Legal Research Center, 2014.

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Book chapters on the topic "Privacy, Right of – European Union countries"

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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies, 43–58. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.

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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Naef, Tobias. "The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union." In European Yearbook of International Economic Law, 115–230. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_3.

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AbstractThe right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous protection for personal data that is essentially equivalent to the protection guaranteed within the EU. This right to continuous protection of personal data is an unwritten constituent part of the right to data protection in Article 8 CFR. Primary Union law in Article 16(2) TFEU instructs the European Parliament and the Council to establish rules relating to the protection of individuals regarding the processing of their personal data. This mandate also extends to the extraterritorial dimension of the right to data protection. Accordingly, Chapter V GDPR sets out the system for the transfer of personal data from the EU to third countries. The first section of this chapter defines the legal concept of “data transfers” and introduces the three legal mechanisms for the transfer of personal data in Chapter V GDPR (Sect. 3.1). The following sections address the three legal mechanism and their role in guaranteeing the right to continuous protection for personal data. Each section entails a fundamental rights analysis for the transfer of personal data on the basis of a legal mechanism in Chapter V GDPR. The second section is dedicated to data transfers based on adequacy decisions for third countries following Article 45 GDPR (Sect. 3.2). The third section is dedicated to data transfers based on the instruments providing appropriate safeguards in Article 46 GDPR such as standard data protection clauses and binding corporate rules (BCRs) (Sect. 3.3). Finally, the fourth section is dedicated to data transfers subject to contract-based and consent-based derogations in Article 49 GDPR (Sect. 3.4).
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Poli, Eleonora. "European Economic Governance and Rising Sovereignism." In Financial Crisis Management and Democracy, 241–50. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54895-7_15.

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AbstractEuropeans have experienced a variety of challenges in recent years. The rise of sovereignism is one of them. Against this backdrop, this chapter analyses the link between the economic crises and the development of right-wing populist parties. It assesses that while the European economic governance, through a set of mechanisms and institutions, acquired a renovated economic and financial equilibrium, it failed to deal with other salient imbalances concerning wage and fiscal policies across European Union (EU) member countries allowing sovereign parties to gain more legitimacy.
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Čtvrtník, Mikuláš. "Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: International Comparison, Germany and “Protection of Legitimate Interests”." In Archives and Records, 19–53. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_2.

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AbstractThis chapter together with Chaps. 3 and 4, will address the protection of personality rights in archives in the broader context of the issue of access to archival records, and in some respects also on the general level of the protection of information not only of personal nature. In doing so, it will focus on several selected specific situations, models, or special procedural settings that can be encountered in the archival systems of some countries, namely the United Kingdom, Germany, and France, and it will also touch on the situation in the USA and some other countries that may also serve as inspirational moments that could potentially be used in other archival systems. Special attention will be paid to post-mortem protection of personality and privacy. This chapter will introduce several illustrative examples from some countries and show how archival legislation can complement the scope of law regulating the field of post-mortem privacy protection. The chapter will focus on introductory general international comparison, the case law of the European Court of Human Rights regarding the archival sector and its relation to the protection of personal data and personal information of living persons, the right to be forgotten together with the freedom of expression, right to access to information and will conclude with an analysis of the specific situation in Germany.
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Naef, Tobias. "Restrictions on Data Transfers and Trade Agreements." In European Yearbook of International Economic Law, 367–420. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_5.

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AbstractIn reaction to the stalemate in the multilateral trading system, international governance of digital trade has gradually shifted toward bilateral and regional trade agreements. This allowed countries to start to regulating cross-border flows of personal data outside the WTO framework. The first section of this chapter traces the development of data flow clauses in the trade agreements of the EU, the US, and other countries. It also looks at the negotiations of the big trade agreements in the late 2010s, such as the TTIP, the TiSA, and the TPP (Sect. 5.1). The second section outlines the scope for data flow clauses in the trade agreements of the EU based on different legal requirements stemming from the architecture of EU law, the GDPR, and other regulations. These requirements include the primacy of fundamental rights over international law with regard to the right to continuous protection of personal data in Article 8 CFR, the accommodation of the legal mechanisms for the transfer of personal data in the GDPR, the inclusion of cooperation mechanisms on the basis of Article 50 GDPR, and the ban of data localization requirements beyond data protection and privacy concerns. These legal requirements are necessary to consider when drafting data flow clauses for EU trade agreements (Sect. 5.2). The third section of this chapter offers and analyzes four potential designs for data flow clauses for EU trade agreements (Sect. 5.3). The fourth section is dedicated to the analysis of the EU model data flow clauses that the European Commission introduced as a template for future trade negotiations in 2018 (Sect. 5.4).
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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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Bertolini, Alessio, and Daniel Clegg. "Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the UK." In IMISCOE Research Series, 419–32. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51237-8_26.

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AbstractImmigration policies and immigrants’ rights to social protection in the UK have evolved dramatically over the past few decades, due to changing immigration flows, the UK’s membership of the European Union (EU) and participation in the European Single Market, and increasing anti-immigration sentiment, which culminated with the decision to leave the EU in January 2020. In this chapter, we argue that, at present, access to social protection is hierarchically structured depending on the interplay of three key variables: benefit type, immigration status and residency status. British citizens residing in the UK and immigrants with a permanent leave to remain have access to full social protection. So do generally European Economic Area (EEA) immigrants with the right to reside, though the precise basis of the right to reside is important in determining the types of benefits the person is entitled to. Migrants with a temporary leave to remain are excluded from most non-contributory benefits, as generally are British citizens living abroad, though those residing in EEA countries and those residing in a country with which the UK has a social security agreement are still entitled to a limited range of benefits. Many changes in access to social protection, especially as regards EEA immigrants in the UK and British nationals living in the EEA, are likely to stem from the UK leaving the EU, though these changes are currently being negotiated and, at present, no definitive post-Brexit regulatory framework is available.
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Reich, Arie. "The Impact of the Court of Justice of the European Union on the Israeli Legal System." In The Impact of the European Court of Justice on Neighbouring Countries, 265–304. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0012.

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This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Israeli legal system. After a short description of the Israeli legal system and its judiciary, including figures on the use of foreign legal sources by the courts, the chapter describes briefly the relations between the EU and Israel and notes the weak legal approximation provision in the Association Agreement. Despite the lack of obligation on Israel’s part to rely on CJEU judgments, the author has found steadily growing numbers of citations of these judgments by various Israeli courts and tribunals. The chapter presents the statistics of these citations over the years, the types of tribunals that cite the CJEU, and the fields of law where these citations are mostly found (mainly in trade marks, competition law, and labour law). It also lists the CJEU cases that are most cited by Israeli tribunals. It then assesses the impact of the citations by a coding system that allows us to observe the relative influence that the citations had in the various tribunals. After having presented a statistic overview on the citation patterns, the chapter zooms into some specific cases where the CJEU was cited in order to put the citation into context and better understand its significance. Finally, the chapter discusses instances of CJEU impact on Israeli regulation, not case law, namely in the field of competition law, sports (the Bosman case), and privacy (‘the right to be forgotten’).
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Morlino, Leonardo, Daniela Piana, and Cecilia E. Sottilotta. "External Explanations." In Equality, Freedom, and Democracy, 185–211. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198813873.003.0007.

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When checking the influence of European Union empirically, as for inequalities, first, the amount of resources which are devoted to cohesion policy is still negligible. Second, looking at the effects of the crisis and the impact of austerity measures, compounded by significant reforms of the EMU institutional architecture, the six countries under examination were affected to different degrees. Germany was mostly immune to the crisis, and Poland even experienced sustained growth during the crisis years. As a non-member of the Eurozone, the UK was affected by the crisis but retained its monetary sovereignty, and its commitment to austerity with a decline in social protection, healthcare and education cannot be directly traced to EU-level commitments. France avoided a significant overhaul of its welfare system, while Spain and Italy experienced a contraction, especially in the sectors of healthcare and education. As for freedoms, in the case of the possible ‘trade-off’ between the need to guarantee security in the face of domestic and international terrorism and citizens’ right to privacy, the middle ground established by the current EU ‘Privacy Shield’ paradigm leaves several problems unsolved. Moreover, it is essential to mention that the mechanism put in place by Article 7 of the Treaty on the European Union to sanction possible violations of those values and principles, has not been sufficient to stop the current democratic backslides in some member states, notably Poland and Hungary. To sum up, the new scenario seems to depict a more nuanced predominance of the transnational provisions in terms of European freedoms and a reshaping of the domestic-European balance.
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Wang, Faye Fangfei. "Consumer Privacy Protection in the European Union." In Privacy Protection Measures and Technologies in Business Organizations, 331–49. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-61350-501-4.ch014.

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With the development of automated information systems, consumers’ decisions can be made based on models of individuals’ preferences without any personal interaction. This raises serious concerns regarding data-privacy protection. Up-to-date legislation and appropriate technological measures are needed to enhance lawful access, process, and storage of sensitive personal data under automated information systems. This chapter provides the general interpretation of the requirements of security, personal data breach notification systems, and enforcement mechanisms according to the EU data privacy protection legislation. It aims to examine and evaluate whether the EC Data Protection Directive in 1995 and the new EC e-Privacy Directive amended by the Directive 2009/136/EC are sufficient to ensure the security of the future development of automated information systems that automatically capture, process, store, and analyse sensitive personal data across the EU countries. It discusses the impact of the EC directives to business organizations and proposes solutions to enhance the protection of users’/consumers’ privacy from a legal perspective.
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Conference papers on the topic "Privacy, Right of – European Union countries"

1

Tucak, Ivana, and Anita Blagojević. "COVID- 19 PANDEMIC AND THE PROTECTION OF THE RIGHT TO ABORTION." 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/18355.

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The COVID - 19 pandemic that swept the world in 2020 and the reactions of state authorities to it are unparalleled events in modern history. In order to protect public health, states have limited a number of fundamental human rights that individuals have in accordance with national constitutions and international conventions. The focus of this paper is the right of access to abortion in the Member States of the European Union. In Europe, the situation with regard to the recognition of women's right to abortion is quite clear. All member states of the European Union, with the exception of Poland and Malta, recognize the rather liberal right of a woman to have an abortion in a certain period of time after conception. However, Malta and Poland, as members of the European Union, since abortion is seen as a service, must not hinder the travel of women abroad to have an abortion, nor restrict information on the provision of abortion services in other countries. In 2020, a pandemic highlighted all the weaknesses of this regime by preventing women from traveling to more liberal countries to perform abortions, thus calling into question their right to choose and protect their sexual and reproductive rights. This is not only the case in Poland and Malta, but also in countries that recognize the right to abortion but make it conditional on certain non-medical conditions, such as compulsory counselling; and the mandatory time period between applying for and performing an abortion; in situations present in certain countries where the problem of a woman exercising the right to abortion is a large number of doctors who do not provide this service based on their right to conscience. The paper is divided into three parts. The aim of the first part of the paper is to consider all the legal difficulties that women face in accessing abortion during the COVID -19 pandemic, restrictions that affect the protection of their dignity, right to life, privacy and right to equality. In the second part of the paper particular attention will be paid to the illiberal tendencies present in this period in some countries of Central and Eastern Europe, especially Poland. In the third part of the paper, emphasis will be put on the situation in Malta where there is a complete ban on abortion even in the case when the life of a pregnant woman is in danger.
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Urbane, Marta. "The Future of the Employee’s Right to Disconnect in the European Union and Latvia." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002285.

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The right to disconnect refers to a worker's right to be able to disconnect from work and refrain from engaging in work-related electronic communication, like emails and other messages, during non-work hours and holidays. The Latvian Labor Law does not directly determine the right to disconnect from digital devices, however, such rights arise from certain legal norms. Examples of the provisions of the Labor Law relate to the general rules on rest periods and breaks in work. The recent research results of remote work during Covid-19 pandemic conducted by the author show that for 69.3% of respondents working remotely possibility to disconnect from digital devices outside working hours (when the assigned work tasks have been completed) is extremely crucial. If the rights to disconnect are not explicitly regulated, the risk of disbalance between work and private life is at stake. The increase in workload during the emergency caused by COVID-19 was indicated by 42.7% of respondents in Latvia. That shows that another problem of lack of regulation of rights to disconnect could be unpaid overtime. The research shows that 14.7% of respondents were not paid for overtime work when working from home. The practice shows a critical need for sustainable and predictable changes in the legal system to protect employees’ rights and thus ensure stable employment in general in Latvia. It was also recently decided by Employment Committee MEPs that EU countries must ensure that workers are able to exercise the right to disconnect effectively. Some of the member states in the European Union have recently implemented the right into their legal system (Portugal, Spain, France), but each member state takes a different approach. That means that discussion is no longer if there is a need to implement the “right to disconnect” in national legal acts, but how to implement the right efficiently not only at a national level but at the EU level as well.The goal of the research is to provide an in-depth analysis of the legal status of the “right to disconnect” in the legal system of the European Union and Latvia. In order to reach the goal, the author is using various scientific research methods. The paper is based on a quantitative research method and analytical, comparative, case law analysis method to provide valid conclusions on the current role of the “right to disconnect” in Latvia and the European Union. The author also offers recommendations on how to implement the “right to disconnect” efficiently to avoid violation of employees’ rights and ensure a sustainable work environment.In the result, the author has concluded that the biggest impediment of the employee's right to disconnect is the lack of clear legislative preconditions that would encourage businesses to preserve employees' freedom to disconnect, resulting in a more sustainable working environment - both in the office and remotely.Finally, the author concludes that there is a need to adjust regulation in Latvia to meet the needs of widespread use of remote work. The author also concludes that a significant role to protect employees’ right to disconnect is for governmental authorities to explain the right to disconnect to employees and employers.
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Leon Bello, Jorge, and Emilio Gonzalez Viosca. "CARONTE project: Creating an Agenda for Research on Transportation Security." In CIT2016. Congreso de Ingeniería del Transporte. Valencia: Universitat Politècnica València, 2016. http://dx.doi.org/10.4995/cit2016.2016.3272.

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Europe’s prosperity relies on effective transport systems. Any attacks and disturbances to land freight and passenger transport would have significant impact on economic growth, territorial cohesion, social development and the environment. Unfortunately, there are weaknesses in the land transport security.The objective of CARONTE project is define a future research agenda for security in land transport that focuses on core gaps caused by emerging risks while avoiding any doubling-up of research elsewhere. Its research agenda will cover all threats, including cyber-crime, and security aspects across all modes of land transportation. At the same time, it will respect the fundamental human rights and privacy of European citizens. The step-by-step method of CARONTE’s consortium has analyzed the state of the art and emerging risks; has identified gaps, analyses and assessments of potential solutions; and has produced an overall research agenda for the future. CARONTE’s results will answer the following questions among others: Which existing research projects merit a follow up and extension?Where are the combinations or synergy effects to be attended?Which themes and topics should be elaborated in new research projects?Who should be involved and integrated in future research projects (stakeholders, authorities, etc.)? The CARONTE consortium includes universities and research institutes, companies, and end-users providing with experience in research and consultancy in transportation, logistics, infrastructure management, security and communications. ITENE - Instituto Tecnológico del Embalaje, Transporte y Logística- has been one of the Project partners among a total of 11 members from eight different countries in the European Union which have also been supported via a High Level Advisory Board.DOI: http://dx.doi.org/10.4995/CIT2016.2016.3272
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Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.

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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.
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Wysocki, Pawel. "FUNCTIONING AND LEGAL REGULATIONS OF PERPETUAL USUFRUCT RIGHT IN POLAND IN RELATION TO SIMILAR RIGHTS IN OTHER COUNTRIES OF THE EUROPEAN UNION." In 15th International Multidisciplinary Scientific GeoConference SGEM2015. Stef92 Technology, 2011. http://dx.doi.org/10.5593/sgem2015/b22/s9.031.

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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." 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/18363.

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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Čović, Ana. "PRENOS LIČNIH PODATAKA NAKON ODLUKE EVROPSKOG SUDA PRAVDE SCHREMS II." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.415c.

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The paper will analyze the judgment of the European Court of Justice from July 2020, which declared the transfer of personal data of Europeans to US illegal. The "Privacy Shield" is the legal framework for regulating the transatlantic exchange of personal data for commercial purposes between the European Union and the United States, which allowed US authorities to collect personal data about entities in the European Union, but without adequate safeguards, the court said. From Facebook, dissatisfied with the verdict, which is important for multinational companies, they point out that stopping the transfer of data will have negative consequences on the results of targeted online advertising. It was determined that the principles of the American "Privacy Shield" are not in line with European laws, nor with the European General Data Protection Regulation (GDPR), and that they are therefore invalid. This verdict affects every American company, not only Facebook аnd Instagram, so the consequences of its adoption will be felt by companies such as Google and Amazon. In the meantime, the question of the impact of this verdict on the transfer of data to other countries, such as China and Russia, was raised, especially when it comes to transmission via the current social network TikTok or through the technology of the Chinese company Huawei, аnd Yandex taxi applications.
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Tavits, Gaabriel. "Protection of the Weaker Party – to Whom is Labour Law Still Applicable?" 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.8.2.33.

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National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.
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Banciu, Doina, and Arja Mantykangas. "LIBRARY MANAGEMENT IN THE CONTEXT OF THE GDPR." In eLSE 2018. Carol I National Defence University Publishing House, 2018. http://dx.doi.org/10.12753/2066-026x-18-266.

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In April 2016, the European Parliament, the Council of the European Union and the European Commission adopted a major new regulation, entitled the General Data Protection Regulation (GDPR) 696/2016, requiring that institutions that process personal data take appropriate measures to safeguard that data. It is generally acknowledged that all European countries must adopt the rules set forth in this regulation. The main objective of the GDPR is to protect personal data privacy and obligate the holders of personal data to use it for their declared purposes only. The GDPR will come into force on 25 May 2018. It is proposed that the role of Data Protection Officer (DPO) be employed as a strategy for implementing the GDPR from the perspective of library managers. There are so far no concrete measures in place that would facilitate the application of the GDPR. The most appropriate measures would seem to be to appoint a DPO and to define adequate strategies that could be implemented at the library level. These two measures are the manager’s responsibilities. The arguments for a library-level DPO arise from GDPR Article 39 regarding the responsibilities of a DPO. The conclusions are related to findings regarding the roles of library managers in Romania and Sweden and to existing library legislation in these two European countries.
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Guštin, Matko. "CHALLENGES OF PROTECTING CHILDREN’S RIGHTS IN THE DIGITAL ENVIRONMENT." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22439.

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The imperative of every state is to protect the children’s rights as the most vulnerable social group. The protection of children’s rights has been particularly intensified with the adoption of the UN Convention on the Rights of the Child (1989), which promotes four basic principles – non-discrimination, the right to life, participation in decision-making and active participation in resolving issues that affect their lives, as well as the best interests of the child. The consequences of the (still actual) COVID-19 pandemic are visible in many areas, including the protection of children’s rights. Namely, children had to get used to the “new normal” in an extremely short period of time, which in certain segments had an adverse effect on their development and social integration. The effects of the COVID-19 pandemic are also visible in the digital environment, which brings with it a number of positive and negative aspects in relation to children and their rights. Although the virtual environment has made it possible to fulfil one of the universal rights of children – the right to education, it has intensified a special form of violence – virtual, cyber violence that threatens the safety of children in the “new normal”. It is important to emphasize that the Council of Europe has adopted Recommendation CM/Rec (2018)7 of the Committee of Ministers to member states on Guidelines for Respect, Protection and Exercise of the Rights of the Child in the Digital Environment. Given that the digital environment shapes children’s lives in different ways, creating opportunities, but also certain risks to protect their well-being, this document recommends that member states review their legislation, policies and practices to promote the full range of children’s rights in the digital environment and providing effective responses to all the impacts of the digital environment on the well-being of children and the enjoyment of their human rights. European Union policies in the field of protection of children’s rights are also very important. Through its policies, the European Union seeks to enable every child to realize his or her full rights. The European Union’s Strategy on the rights of the child sets children apart from the leaders of tomorrow and the citizens of today. For the issues of this paper, a particularly important part of the Strategy are the guidelines for creating policies aimed at protecting the rights of children in the digital society. In addition to the above, there are a number of other documents of the Council of Europe and the European Union for the protection and promotion of children’s rights, which are analyzed in the context of digitalization. Special emphasis is placed on contemporary issues of development and protection of children’s rights to privacy in the digital environment, the right to access the Internet and digital literacy, but also cyber violence as a form of endangering the child’s safety, and the discussion on which issues was further stimulated by the COVID-19 pandemic.
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Reports on the topic "Privacy, Right of – European Union countries"

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Kira, Beatriz, Rutendo Tavengerwei, and Valary Mumbo. Points à examiner à l'approche des négociations de Phase II de la ZLECAf: enjeux de la politique commerciale numérique dans quatre pays d'Afrique subsaharienne. Digital Pathways at Oxford, March 2022. http://dx.doi.org/10.35489/bsg-dp-wp_2022/01.

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Realities such as the COVID-19 pandemic have expedited the move to online operations, highlighting the undeniable fact that the world is continuing to go digital. This emphasises the need for policymakers to regulate in a manner that allows them to harness digital trade benefits while also avoiding associated risk. However, given that digital trade remains unco-ordinated globally, with countries adopting different approaches to policy issues, national regulatory divergence on the matter continues, placing limits on the benefits that countries can obtain from digital trade. Given these disparities, ahead of the African Continental Free Trade Area (AfCFTA) Phase II Negotiations, African countries have been considering the best way to harmonise regulations on issues related to digital trade. To do this effectively, AfCFTA members need to identify where divergencies exist in their domestic regulatory systems. This will allow AfCFTA members to determine where harmonisation is possible, as well as what is needed to achieve such harmonisation. This report analyses the domestic regulations and policies of four focus countries – South Africa, Nigeria, Kenya and Senegal – comparing their regulatory approaches to five policy issues: i) regulation of online transactions; ii) cross-border data flows, data localisation, and personal data protection; iii) access to source code and technology transfer; iv) intermediary liability; and v) customs duties on electronic transmissions. The study highlights where divergencies exist in adopted approaches, indicating the need for the four countries – and AfCFTA members in general – to carefully consider the implications of the divergences, and determine where it is possible and beneficial to harmonise approaches. This was intended to encourage AfCFTA member states to take ownership of these issues and reflect on the reforms needed. As seen in Table 1 below, the study shows that the four countries diverge on most of the five policy issues. There are differences in how all four countries regulate online transactions – that is, e-signatures and online consumer protection. Nigeria was the only country out of the four to recognise all types of e-signatures as legally equivalent. Kenya and Senegal only recognise specific e-signatures, which are either issued or validated by a recognised institution, while South Africa adopts a mixed approach, where it recognises all e-signatures as legally valid, but provides higher evidentiary weight to certain types of e-signatures. Only South Africa and Senegal have specific regulations relating to online consumer protection, while Nigeria and Kenya do not have any clear rules. With regards to cross border data flows, data localisation, and personal data protection, the study shows that all four focus countries have regulations that consist of elements borrowed from the European Union (EU) General Data Protection Regulation (GDPR). In particular, this was regarding the need for the data subject's consent, and also the adequacy requirement. Interestingly, the study also shows that South Africa, Kenya and Nigeria also adopt data localisation measures, although at different levels of strictness. South Africa’s data localisation laws are mostly imposed on data that is considered critical – which is then required to be processed within South African borders – while Nigeria requires all data to be processed and stored locally, using local servers. Kenya imposes data localisation measures that are mostly linked to its priority for data privacy. Out of the four focus countries, Senegal is the only country that does not impose any data localisation laws. Although the study shows that all four countries share a position on customs duties on electronic transmissions, it is also interesting to note that none of the four countries currently have domestic regulations or policies on the subject. The report concludes by highlighting that, as the AfCFTA Phase II Negotiations aim to arrive at harmonisation and to improve intra-African trade and international trade, AfCFTA members should reflect on their national policies and domestic regulations to determine where harmonisation is needed, and whether AfCFTA is the right platform for achieving this efficiently.
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Lažetić, Marina. Migration, Extremism, & Dangerous Blame Games: Developments & Dynamics in Serbia. RESOLVE Network, November 2021. http://dx.doi.org/10.37805/wb2021.1.

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The rapid arrival of hundreds of thousands of migrants into the European Union (EU) from the Middle East, South Asia, and Africa beginning in 2015 coincided with an increase in support for anti-immigrant rhetoric and the far-right in many European countries. A substantial number of these migrants came to the EU through what became known as the “Balkan Route” a major transit land route cutting through the Western Balkans. In 2016, however, the Route officially “closed,” leaving many of those people attempting to reach Europe effectively stranded within the Balkans. In 2020, for example, approximately 7,000 migrants and refugees were present within the borders of Serbia at any given time. This presence of migrants within the Balkans did not go unnoticed and, in some cases, even spurred increased activity within and mobilization among far-right actors opposed to their presence in the region. Exploring this phenomenon, this report focuses on dynamics surrounding migration and responses to it from the far-right in Serbia, one of the countries on the Balkan Route.
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Durovic, Mateja, and Franciszek Lech. A Consumer Law Perspective on the Commercialization of Data. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64577.

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Commercialization of consumers’ personal data in the digital economy poses serious, both conceptual and practical, challenges to the traditional approach of European Union (EU) Consumer Law. This article argues that mass-spread, automated, algorithmic decision-making casts doubt on the foundational paradigm of EU consumer law: consent and autonomy. Moreover, it poses threats of discrimination and under- mining of consumer privacy. It is argued that the recent legislative reaction by the EU Commission, in the form of the ‘New Deal for Consumers’, was a step in the right direction, but fell short due to its continued reliance on consent, autonomy and failure to adequately protect consumers from indirect discrimination. It is posited that a focus on creating a contracting landscape where the consumer may be properly informed in material respects is required, which in turn necessitates blending the approaches of competition, consumer protection and data protection laws.
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Jones, Emily, Beatriz Kira, Anna Sands, and Danilo B. Garrido Alves. The UK and Digital Trade: Which way forward? Blavatnik School of Government, February 2021. http://dx.doi.org/10.35489/bsg-wp-2021/038.

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The internet and digital technologies are upending global trade. Industries and supply chains are being transformed, and the movement of data across borders is now central to the operation of the global economy. Provisions in trade agreements address many aspects of the digital economy – from cross-border data flows, to the protection of citizens’ personal data, and the regulation of the internet and new technologies like artificial intelligence and algorithmic decision-making. The UK government has identified digital trade as a priority in its Global Britain strategy and one of the main sources of economic growth to recover from the pandemic. It wants the UK to play a leading role in setting the international standards and regulations that govern the global digital economy. The regulation of digital trade is a fast-evolving and contentious issue, and the US, European Union (EU), and China have adopted different approaches. Now that the UK has left the EU, it will need to navigate across multiple and often conflicting digital realms. The UK needs to decide which policy objectives it will prioritise, how to regulate the digital economy domestically, and how best to achieve its priorities when negotiating international trade agreements. There is an urgent need to develop a robust, evidence-based approach to the UK’s digital trade strategy that takes into account the perspectives of businesses, workers, and citizens, as well as the approaches of other countries in the global economy. This working paper aims to inform UK policy debates by assessing the state of play in digital trade globally. The authors present a detailed analysis of five policy areas that are central to discussions on digital trade for the UK: cross-border data flows and privacy; internet access and content regulation; intellectual property and innovation; e-commerce (including trade facilitation and consumer protection); and taxation (customs duties on e-commerce and digital services taxes). In each of these areas the authors compare and contrast the approaches taken by the US, EU and China, discuss the public policy implications, and examine the choices facing the UK.
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