Littérature scientifique sur le sujet « Immigrants – Civil rights – European Union countries »
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Articles de revues sur le sujet "Immigrants – Civil rights – European Union countries"
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Jastisia, Mentari. « PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH ». Yustitia 7, no 2 (15 octobre 2021) : 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
Texte intégralRésumé :
Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
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Elisabeth Koch, Ida. « Twelve Years of Poverty in Denmark – A Human Rights Perspective ». Nordic Journal of International Law 81, no 2 (2012) : 205–25. http://dx.doi.org/10.1163/157181012x638089.
Texte intégralRésumé :
The article concerns the situation of refugees and immigrants from countries outside the European Union /European Economic Area with regard to social cash benefits in Denmark. At present these immigrants are treated different than inhabitants of Danish origin since their social cash benefits are reduced to a considerable extent. The conditions of these immigrants are discussed from an international human rights perspective and the article applies two approaches: a poverty threshold approach and a non-discrimination approach. The author concludes that the reduced social cash benefits are in violation of Denmark’s human rights obligation under socio-economic as well as civil-political treaties. In this way the article confirms that human rights are indivisible, interrelated and interdependent. The circumstances in Denmark during the last 12–14 years with regard to immigrants’ rights to social cash benefits has made it natural and even necessary to consider the situation from a legal as well as a political perspective. Thus it seems that the problems in Denmark for immigrants with regard to social cash benefits will be solved by politicians in Parliament in a foreseeable future whereas the human rights machinery because of its sluggishness has only to a limited extent been able to demonstrate its effectiveness.
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Majumdar, Ananda. « Immigrants and Refugees in Globalized World ». Asian Journal of Humanity, Art and Literature 6, no 2 (31 décembre 2019) : 87–104. http://dx.doi.org/10.18034/ajhal.v6i2.354.
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Globalization, Neo-liberalization, Post-modernism are approaches that makes the world one, it has increased cultural exchanges, academic exchanges, trade and business exchanges and is useful for all developing countries on the globe, if those are its advantages, people migration through illegally is its disadvantages, there was no global terms of legal or illegal immigration at the beginning of 19th century, United Nations General Assembly in 1948 states that everyone has the right to leave any country including his own and to that return country, but it has not been honoured by developing countries, due to changes of world order, population growth, regional conflicts, war, civil war, poverty, people start to moving from one to another country, population growth in developing countries is one of the most important reasons that forced people leave their land and to migrate illegally or legally, though legal immigration has processes for their further innovation, development but illegal immigration is a curse for developed countries, countries that are industrially developed like United Arab Emirates, Kuwait, people from developing world are forcing to leave due to war, civil war, community clashes, and to taking shelter as a refugees but at the end most of them are not returning after normalization of their own conflicts, people are moving without documents, in the United Europe, European Union policies are trying to control immigration from non-member countries such as immigrants from Morocco and other North Africans countries are migrating illegally to Spain for a better life and to came out from miserable life from their own countries but the Spain Government declares to deport people from non-members countries who are living illegally in Spanish land, England declares to controlling access of all Romanian and Bulgarian to the UK who are benefitting as EU member country, upon acceptance of all East European countries as the member of EU, approximately 427,000 East Europeans, mostly from Poland have registered for employment in Britain, though Western Europe are more inclined to hire Eastern European than Asian and Africans, but yet Britain decided to came out from EU because of illegal immigration to Britain from Eastern Europe which negatively affected their economy and job security of original British citizens’, so what is the solution for the worst crisis of illegal immigration and refugees accommodation world-wide? Is it forcing them to back their own countries? Is it taking initiatives through both North and South countries for the solution of the problem? Or is it solving really? A continual discussion of alternative solutions world-wide has to be discovered for the reduction of the problem of refugees and immigration world-wide, communication between developing and the developed countries have to be strength for the resolution of faster population growth in developing countries, assistance by the developed countries in war conflicted regions has to be increased, universal birth control education need to be formed, I tried to discussed the problems, reasons, and its solution as one of my focused areas in international development, it is something that I would like pursue my study in the near future as a continuing student, I hope I will be succeed.
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Klopp, Brett. « Integration and Political Representation in a Multicultural City : The Case of Frankfurt am Main ». German Politics and Society 16, no 4 (1 décembre 1998) : 42–67. http://dx.doi.org/10.3167/104503098782487013.
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Cities have long been the destination of those on the move. Migrationand especially immigration always raise issues of inclusion andexclusion, of rights and obligations, and of the meaning of membershipand citizenship. The particular form and content of thesedebates vary, just as host countries, national and local governments,and immigrant populations vary. Over the past few decades, patternsof immigration have begun to shift away from classical immigrationcountries (the United States, Canada, Australia) toward the democraciesof the European Union. “In this troubled world, WesternEurope has in fact, become a fragile island of prosperity, peace,democracy, culture, science, welfare and civil rights,” according tourban sociologist, Manuel Castells. “However, the selfish reflex oftrying to preserve this heaven by erecting walls against the rest ofthe world may undermine the very fundamentals of European cultureand democratic civilization, since the exclusion of the other isnot separable from the suppression of civil liberties and a mobilizationagainst alien cultures.”
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Tauscher, Soner. « Almanya’da aşırı sağ hareketler ve medyanın suçlu göçmen söyleminin resmi belgeler ışığında incelenmesi ». Göç Dergisi 4, no 2 (30 octobre 2017) : 201–26. http://dx.doi.org/10.33182/gd.v4i2.597.
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Avrupa ülkelerinin alışık olduğu düzenli işçi göçü ve kontrollü sığınmacı alımı Suriye iç savaşının üst düzeye ulaştığı 2013/2014 yılından itibaren önemli bir değişim göstermektedir. Avrupa Birliği, kuruluşundan bu yana en yoğun mülteci göçüyle karşılaşmaktadır. Yaşanan bu kontrolsüz ve zorunlu göçe Avrupa toplumları ve devletleri hazırlıksız yakalanmıştır. Mülteci krizini ekonomik olarak fırsata çevirmek isteyen Almanya ise göçmenler için 2015 yazından itibaren açık kapı politikası uygulamaya başlamıştır. Ancak uygulanan açık kapı politikası Alman toplumunun azımsanmayacak bir kesiminde mültecilere ve Müslümanlara yönelik ağır ve şiddetli bir karşı kampanya ortaya çıkardı. Mülteciler ve Müslümanlar aşırı sağ toplumsal hareketlerin gösterilerinde “tecavüzcü”, “işgalci”, “kriminal dolandırıcılar” vb. sıfatlar ile birlikte anılmakta, medya da bu söylemlerin taşıyıcılığını yaparak kamusallaşmasını sağlamaktadır. Böylece aşırı sağı desteklemeyen, apolitik, ya da sığınmacılara karşı hoşgörülü davranan toplum kesimlerinde kamuoyu oluşturularak sığınmacı ve göçmenlere karşı olumsuz algı gündemde tutulmakta, politik olanın merkezine yerleştirilmektedir. Bu çalışmada öncelikle göçmenlere karşı aşırı sağ toplumsal hareketlerin oluşturduğu olumsuz söylemin McCombs ve Shaw’un Gündem Belirleme Kuramı (Agenda Setting Function) bağlamında medya tarafından siyasetin merkezine nasıl oturtulduğu tartışılacaktır. Ayrıca gündemde tutulan mültecilere yönelik olumsuz söylemin gerçeği yansıtıp yansıtmadığı, göçmenlerin ve sığınmacıların biyolojik Almanlardan daha çok suça meyilli olup olmadığı oluşturulan soyut söylemlerden ziyade Almanya İçişleri Bakanlığı’nın yıllık olarak yayınladığı Emniyet Suç İstatistikleri temel alınarak incelenecektir.ABSTRACT IN ENGLISHFar right movements in Germany and evaluation of media discourse of criminal immigrant in the light of official documentsFlows of regular worker migration and regular asylum seekers, of whom European countries are familiar, have significantly changed since 2013/2014 when the civil war of Syria reached its peak. The European Union face probably the most intensive refugee migration since its establishment. European societies and states have not been prepared for this uncontrolled and compulsory immigration. Germany seem to want to turn the refugee crisis into an economic opportunity as evident in their open door policy since the summer of 2015. However, implementation of open-door policy has led a substantial part of German society to a strong campaign against the refugees and Muslims. Refugees and Muslims are referred to as “rapists”, “invaders”, “criminal fraudsters”, and so on in demonstrations of far right movements and media has helped disseminating these discourses. Hence, this manipulated and hateful discourse tries to gain support from the segment of society wh normally does not support far right and often apolitical, or tolerant towards asylum seekers. In this study, the ways in which the negative discourse of far right social movements against immigrants is brought to the centre of the political agenda by media is analysed using the agenda setting framework by McCombs and Shaw. Then, the claims that immigrants are involved in crime, or they are prone to be criminals are analysed and contrasted with the data obtained from the annual Crime and Safety Reports of the German Ministry of the Interior.
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Dirsehan, Meltem. « Syrian Refugee Crisis and European Migration Policies : Rise in Xenophobic Rhetoric in Europe ». International Journal of Business & ; Technology 6, no 1 (1 novembre 2017) : 1–6. http://dx.doi.org/10.33107/ijbte.2017.6.1.06.
Texte intégralRésumé :
Syrian immigration crisis has been ignored by advanced European countries and the heaviest burden is left to developing border countries. However this ignorance has resulted in more mass influx of immigrants illegally to the borders of European Union with a target of advanced Northern countries. To evaluate the European ignorance to this humanitarian crisis, first Turkey is evaluated as a transition point for all Asian and Middle Eastern immigrants dreaming to live in Europe. By a shocking extend of sea arrivals, Europe have noticed the humanitarian crisis and made a deal with main transition point for immigrants, Turkey. However this deal is a symbol of violation human rights and vaporisation of all European values. So refugee crisis and policy changes in Europe are covered briefly. In conclusion, this position of European countries is argued as related with accelerating social support to xenophobic and Islamophobic rhetoric in politics as to elective results in advanced EU countries.
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Borodin, Ivan L., Kateryna Yu Vodolaskova, Valentyn A. Bortnyk, Anastasia A. Sukhodolska et Veronika Yu Oleshchenko. « Islamic factor in the immigration process of the European Union ». Linguistics and Culture Review 5, S4 (23 novembre 2021) : 1914–24. http://dx.doi.org/10.21744/lingcure.v5ns4.1879.
Texte intégralRésumé :
The article attempts to draw attention to the fact that the future of Western Europe depends to a certain extent on the timely resolution of immigration problems related to Muslims. This article aims to make a contribution to the research of the issue concerning the future of the Western Europe immigration process, which depends to a certain extent on the timely resolution of immigration problems related to Muslims. The point is that immigration flows, especially from the Muslim world, from a sporadic phenomenon have become a constant factor and raised questions about the development and implementation of measures to adapt Muslim immigrants to new working, living and cultural conditions in their new countries, search decisions aimed at reducing the pressure of the demographic factor on the economic development of host countries, cooperation in respect of human rights.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Fernández Suárez, Belén. « The Design of Migrant Integration Policies in Spain : Discourses and Social Actors ». Social Inclusion 5, no 1 (28 mars 2017) : 117–25. http://dx.doi.org/10.17645/si.v5i1.783.
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Spain is one of the countries with the lowest social spending within the EU-15, and its welfare state has developed later and with less intensity. At the end of the 20<sup>th</sup> century, Spain became an immigration country, reaching 5.7 million immigrants in 2011. This article explores how the definition of migrant ‘integration’ is based more on a concept of universal rights and social cohesion by the main actors (political parties, trade unions, third sector organizations and immigrant associations) than on a notion of a cultural type. We will also analyze how the influence of European policies and restrictive liberalism have led to the implementation of programmes which aim to make civic integration compulsory for the renewal of residence and work permits. The empirical evidence for this article stems from 60 qualitative interviews with social actors in migrant integration policies during 2010 and 2011. The impact of the economic crisis on the foreign population, especially regarding its position in the labor market, will also be considered, explaining the reduction of specific and general policies targeting the migrant population. This cut in social spending has involved a deinstitutionalization of this particular policy field.
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Nykytchenko, N. « The legal status of a lawyer in the countries of the European Union ». Fundamental and applied researches in practice of leading scientific schools 28, no 4 (1 septembre 2018) : 103–7. http://dx.doi.org/10.33531/farplss.2018.4.19.
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This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.
Thèses sur le sujet "Immigrants – Civil rights – European Union countries"
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FELD, Leonard. « From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
Texte intégralRésumé :
Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Haydar, Samer. « Le partenariat Euromed : contribution à l'étude du soft-power de l'Union Européenne ». Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0433/document.
Texte intégralRésumé :
Cette thèse étudie la contribution assez complexe du partenariat euro-méditerranéen au soft powerde l’UE. Nous avons procédé à l’examen de l’articulation entre les objectifs, les instruments, lesprogrammes, les accords et l’efficacité de l’action de l’Euromed. Il ne s’agit pas d’évaluer lepartenariat en tant que tel mais plutôt son utilisation par l’Union européenne comme instrument desoft power pour instaurer une démocratie libérale dans les pays sud-méditerranéens. Les quatreaspects fondamentaux de la démocratie libérale ont été donc examinés. Dans le domaineéconomique, il y eu des améliorations économiques dans les pays sud-méditerranéens del’Euromed, surtout par la mise en oeuvre de réformes économiques et institutionnelles, mais la zonede libre-échange prévue pour 2010 n’a pas été établie. L’intégration régionale et internationale, deces pays partenaires a connu des avancées qui demeurent encore modestes. La promotion de labonne gouvernance occupe une place centrale au sein des objectifs politiques du Partenariat.Ciblant principalement le renforcement des capacités des institutions et l’indépendance du systèmejudiciaire, les efforts menés dans le cadre de l’Euromed ont apporté une amélioration globale, maisinsuffisante, de la bonne gouvernance dans les pays sud-méditerranéens. Les actions menées dansle cadre du partenariat sur le terrain des droits de l’Homme ont mis surtout l’accent sur les questionsde sécurité, de la lutte antiterroriste et du contrôle des migrations, tandis que les questions relativesaux droits de l’Homme et à la démocratisation étaient plus ou moins passées sous silence. Mêmel’action civile est insuffisamment renforcéeThis thesis studies the rather complex contribution of the Euro-Mediterraneanpartnership to the EU’s soft power. We have examined the link between the objectives,instruments, programs, agreements and effectiveness of the euro-Mediterraneanpartnership’s action. It is not a matter of evaluating the partnership as such but rather itsuse by the European Union as a soft power instrument to establish liberal democracy inthe South Mediterranean countries. The four fundamental aspects of liberal democracywere therefore examined. In the economic field, there have been economicimprovements in the southern Mediterranean countries, mainly through theimplementation of economic and institutional reforms, but the free trade areaanticipated for 2010 was not established. The regional and international integration ofthese partner countries has made some progress that remains however modest. Thepromotion of good governance is central to the political objectives of the Partnership.Focusing mainly on institutional capacity building and the independence of the judicialsystem, Euromed efforts have brought about a global but insufficient improvement ingood governance in the southern Mediterranean countries. Actions in the framework ofthe Human Rights Partnership have focused on security issues, counter-terrorism andmigration control, while human rights issues and democratization were more or lessignored. Even civil action is not sufficiently strengthened
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PICCOLI, Lorenzo. « The politics of regional citizenship : explaining variation in the right to health care for undocumented immigrants across Italian regions, Spanish autonomous communities, and Swiss cantons ». Doctoral thesis, 2018. http://hdl.handle.net/1814/53404.
Texte intégralRésumé :
Defence date: 11 April 2018Examining Board: Prof. Rainer Bauböck, European University Institute (Supervisor); Prof. Maurizio Ferrera, University of Milan; Prof. Andrew Geddes, European University Institute; Prof. Liesbet Hooghe, University of North Carolina at Chapel Hill
Over the last forty years, regions in Europe have acquired an increasingly important role in the provision of rights that were traditionally used by states to define the boundaries of national citizenship. Despite this trend, there are still few comparative examinations of what citizenship means for subnational actors, how these affect the provision of rights, and what the consequences of this process are for internal solidarity, the democratic process, and ultimately the constitutional integrity of modern states. These are important questions at a time when ideas about membership and rights within multilevel polities are vigorously contested in courts, legislative chambers, and election booths. Instances of these contestations are the Spanish Constitutional Court’s decision on the legality of subsequent referendums on Catalan secession in 2014 and 2017; the ongoing standoff between the state of California and the American federal government over who ought to regulate the rights of undocumented immigrants; and the Scottish and UK referendums on independence and exit from the European Union, respectively. This dissertation sets out to explain under what conditions, how, and with what kind of consequences some regions are more inclusionary than others in their approach to what citizenship entails and to whom it applies. This is what I refer to as the politics of regional citizenship. The empirical analysis focuses on subnational variations in the realisation of the right to health care for undocumented immigrants in three multilevel states where regional governments have some control over health care and, within these, on pairs of regions that have been governed by either left- or right-wing parties and coalitions: Lombardy (Italy, conservative government from 1995), Tuscany (Italy, progressive government from 1970), Andalusia (Spain, progressive government from 1980), Madrid (Spain conservative government from 1995), Vaud (Switzerland, progressive government from 2002) and Zürich (Switzerland, conservative government from 1991). Evidence is collected via the analysis of over 31 legislative documents and 62 interviews with policy-makers, health care professionals, and members of NGOs. The comparison shows that the interaction of political ideologies at different territorial levels leads to the emergence of contested ideas about citizenship through the use that regional governments make of the distinct traditions of regional protection of vulnerable individuals like minor children, the disabled, and the homeless. The comparison also shows that the structure of the territorial system of the state plays an important role in determining the direction of the politics of regional citizenship. The value assigned to territorial pluralism within a country, in particular, determines whether regional citizenship is developed against the state, as a strategy to manifest dissent and mark the difference—as is the case in Spain and, to some extent, in Italy—or, instead, together with the state, as an expression of multilevel differentiation—as in Switzerland. Importantly, however, regional citizenship does never develop in complete isolation from the state because it always represents an attempt to weaken or reinforce the policies of the central government.
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LAFFERTY, Michelle Martine. « European citizens' right to vote ». Doctoral thesis, 2005. http://hdl.handle.net/1814/5451.
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NANNERY, Aoife. « The 'conscience of Europe' in the European sovereign debt crisis : an analysis of the judgments of the European Court of Human Rights and the European Committee of Social Rights on austerity measures ». Doctoral thesis, 2015. http://hdl.handle.net/1814/39046.
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Award date: 30 November 2015Supervisor: Professor Claire Kilpatrick, European University Institute
This thesis is an analysis of judgments of the European Court of Human Rights and the European Committee of Social Rights arising from austerity measures in the European sovereign debt crisis. The thesis considers the protection afforded to socio-economic interests under the two systems, and how this protection has been tested by the challenges arising from the economic crisis. The first chapter is an analysis of the social Euro-crisis cases. Brought under Article 1 of Protocol 1 to the ECHR the measures enacted to reduce government spending were an alleged violation of the right to property. Almost all of the social Euro-crisis cases were held to be inadmissible by the Court, which cited the gravity of the economic crisis in the respondent states and the executive’s margin of appreciation in matters of social and economic policy. The second chapter places the social Euro-crisis cases in context temporally and thematically, in considering two previous lines of case law developed by Strasbourg: financial and economic stability, and emergency and exceptional circumstances. The ECtHR decisions focus on the severity of the crisis, determining that the margin of appreciation is broader in such circumstances. The ECtHR section concludes that it does not appear that the European sovereign debt crisis has seen Strasbourg develop any definitive crisis approach to ensure that Convention rights are protected in times of economic instability. The third chapter examines the case law generated by the European Committee of Social Rights during the same period. This section serves to act as a counterpart to the ECtHR section. The Committee emphasised that times of crisis require socio-economic rights to be protected, and finds many of the challenged austerity measures incompatible with the European Social Charter.
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HANCOX, Emily. « The scope of EU fundamental rights : an analytical approach ». Doctoral thesis, 2012. http://hdl.handle.net/1814/26438.
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Supervisor: Professor Loïc Azoulai, European University Institute.Award date: 26 November 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The scope of EU fundamental rights is in a general state of confusion. This thesis takes an analytical approach to the case law, focuses on how the Court of Justice has conceptualised cases dealing with fundamental rights. This approach goes beyond the use of misleading labels, often used to disguise any extension of the scope of fundamental rights. As a result of this, the case law on general principles is recategorised so that there are three main categories of Member State action falling within the scope of EU fundamental rights. These are, when the Member State acts based on a power conferred by the EU, when Member State action preconditions the exercise of an EU right and when a national measure is affected by EU legislation. The post-Charter case law is then considered against the backdrop of this recategorisation. The general trend suggests that the Charter has not affected the scope of EU fundamental rights. The potential impact of accession to the ECHR is then considered.
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THIELBÖRGER, Pierre. « The right(s) to water ». Doctoral thesis, 2010. http://hdl.handle.net/1814/15410.
Texte intégralRésumé :
Defence date: 15 December 2010Examining Board: Philip Alston (New York University School of Law); Catarina De Albuquerque (UN Independent Expert, Lisbon); Ernst-Ulrich Petersmann (Supervisor, EUI); Martin Scheinin (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
As indicated in the title, 'The Rights to Water', this thesis will argue that one self-standing, comprehensive and legally-binding human right to water does currently not exist on the international level. However, it is important to note, that this is not the same thing as stating that 'there is no human right to water'. It is simply to say that this human right does not meet some of the characteristics of many other human rights (in particular: self-standingness, comprehensiveness and legalbindingness) all at once. The research question will be addressed in three steps. A first analytical part will examine the present status of the right to water in international, European and domestic law. A second, theoretical part, will scrutinize whether and in which form it is even conceptually possible and meaningful to consider water as the object of a distinct human right. Finally, a third, applied part will consider how concrete reforms and developments can improve the effectiveness of the right in practical terms, if accepted. Only by considering the right to water in its legal, philosophical and practical context can the present status and future potential of the right to water be addressed fully.
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LAZZERINI, Nicole. « The scope of the protection of fundamental rights under the EU charter ». Doctoral thesis, 2013. http://hdl.handle.net/1814/29604.
Texte intégralRésumé :
Defence date: 21 October 2013Examining Board: Professor Loïc Azoulai, European University Institute (EUI Supervisor) ; Professor Bruno de Witte, European University Institute; Professor Giorgio Gaja, University of Florence; Professor Steve Peers, University of Essex.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The recognition of the legally binding value of the EU Charter of Fundamental Rights has profoundly transformed the Union system of fundamental rights protection. The novelties not only concern the sources of this protection, but also the conditions for the application and interpretation of EU fundamental rights. In particular, before the entry into force of the Lisbon Treaty the Court of Justice was the exclusive architect of its approach to fundamental rights, whereas in the era of the legally binding Charter is confronted with written rules on the subject. Moreover, if there is no doubt that the Lisbon Treaty has put an unprecedented emphasis on the protection and promotion of EU fundamental rights, the Member States have contextually expressed, and with equal emphasis, concerns towards an ever-increasing expansion of the scope of EU fundamental rights, at the expense of domestic standards and material competences. Against this background, the aim of this thesis is to reconstruct the scope of the protection offered (better, that should be offered) by the EU Charter. The analysis covers problems relating both to the scope of application of the Charter and to its effects. Some of the questions addressed are new, as they stem from novelties introduced by the Charter others are veritable topoi of the EU discourse on fundamental rights, which nevertheless need to be revisited in light of the new scenario just described. The leading idea is that, in order to overcome the ambiguity of the Charter on many crucial issues concerning its scope of application and effects, reliance must be made on the role assigned to EU fundamental rights by the revised Treaties. These, and the progressive evolution of the EU system of fundamental rights protection, suggest that fundamental rights are constitutive values of the EU legal order.
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STAIANO, Fulvia. « Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights ». Doctoral thesis, 2014. http://hdl.handle.net/1814/33452.
Texte intégralRésumé :
Defence date: 20 October 2014Examining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.
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CORNELISSE, Galina. « Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame ». Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
Texte intégralRésumé :
Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines
Livres sur le sujet "Immigrants – Civil rights – European Union countries"
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Managing migration : Civic stratification and migrants rights. New York : Routledge, 2002.
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Pedro, Cruz Villalón, Iliopoulos-Strangas Julia et Societas Iuris Publici Europaei, dir. Die neuen Europäer : Migration und Integration in Europa = The new Europeans : migration and integration in Europe = Les nouveaux européens : migration et intégration en Europe. Athens : Sakkoulas, 2009.
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José, Menéndez Agustín, et Eriksen Erik Oddvar 1955-, dir. Arguing fundamental rights. Dordrecht : Springer, 2006.
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Multicultural citizenship of the European Union. Aldershot, Hampshire, England : Ashgate, 2000.
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The effects of EU citizenship : Economic, social and political rights in a time of constitutional change. The Hague, The Netherlands : T.M.C. Asser Press, 2010.
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Taking a case to the European Court of Human Rights. 3e éd. Oxford : Oxford University Press, 2011.
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Leach, Philip. Taking a case to the European Court of Human Rights. 2e éd. Oxford : Oxford University Press, 2005.
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Leach, Philip. Taking a case to the European Court of Human Rights. London : Blackstone Press, 2001.
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Ward, Angela. Judicial review and the rights of private parties in EU law. 2e éd. Oxford : Oxford University Press, 2007.
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Proportionality, fundamental rights, and balance of powers. Leiden : Martinus Nijhoff Publishers, 2010.
Trouver le texte intégralChapitres de livres sur le sujet "Immigrants – Civil rights – European Union countries"
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Mihr, Anja. « European democracy’s Response to the BRI ». Dans Securitization and Democracy in Eurasia, 375–92. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16659-4_26.
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AbstractIn this chapter, I will argue that the 2013 Chinese Belt and Road Initiative (BRI) has been neither a curse nor a blessing for democracy. Instead, China’s BRI activities in over 140 countries worldwide have triggered many global and local movements and initiatives that have led alternatively to stronger autocratisation and democratisation in some regions, such as across Eurasia. The quantity of investments under the BRI is not a determinant of whether a country democratises or autocratises.Instead, the BRI and the autocratic leadership of the Chinese government in implementing investments across Eurasia has triggered several countermeasures by the European Union (EU) and the G7. One of these is the Global Gateway Initiative (GGI) which aims to invest in infrastructure and development projects worldwide, but with the key difference that its aim is to promote democratic norms and principles of human rights at the same time. Some of the consequences of the New Cold War between democratic and autocratic political systems including the rising unrest of civil society in the face of autocratic forms of governance and anti-Chinese sentiments, these lead to civil unrest and even wars that destabilise entire regions and countries.
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Bertolini, Alessio, et Daniel Clegg. « Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the UK ». Dans 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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Ökten, Serkan, et Azize Ökten. « Migration Policy of the European Union From the Perspectives of Turks in the EU Countries and Syrian Immigrants in Turkey ». Dans Handbook of Research on Social and Economic Development in the European Union, 475–99. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-1188-6.ch028.
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This chapter deals with the adventure of Turkish workers' upcoming 60th year in the Europe and EU's cooperation with Turkey at the wave of immigration based on civil war in Syria to Europe, in accordance with the immigration policy of the European Union. In this context, the question of how the European Union's human rights and freedoms-based rhetoric and its practices on the basis of protectionist border policy are conforming will be answered. In this study, literature review and resource collection are used by evaluating the available resources. As a result, the European Union's human rights and freedom-based rhetoric against the threat of disrupting its own order and welfare is only consistent with the integration of qualified migrants who will provide the workforce that is compatible and in need. However, a rising, prejudiced phenomenon reaching Islamophobia and xenophobia emerged at the social and political framework that is against the immigrants who cannot achieve cultural integration.
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Spolsky, Bernard. « Treaties, Charters and Other Supranational Sources of Rights ». Dans Rethinking Language Policy, 154–62. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474485463.003.0012.
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Although some linguists cite language rights, it seems wiser to speak of human rights including language choice. For the last two centuries, there have been arguments for the language rights of minority groups, now increasingly recognized in many countries and regions. The Council of Europe favoured language learning; the European Union protects its national languages and calls on its members to recognize selected local minority languages. Languages of immigrants and refugees are usually excluded.
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Hall, John A. « Entry and Exit ». Dans The Importance of Being Civil. Princeton University Press, 2013. http://dx.doi.org/10.23943/princeton/9780691153261.003.0005.
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This chapter discusses how the rules of civility can vary, making them at times very hard to understand, let alone to accept. A contrast is drawn between the differential abilities of the European Union and the United States to “let in” immigrants so as to create one out of many—an area in which the contemporary United States far outperforms Europe. Civil nationalism is profoundly to be desired, but it is also rather hard to achieve. It is interesting to discover that the United States is more of a pioneer in this regard than European countries. However, both these great areas of the North have at their respective hearts a good deal of background homogeneity.
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Brković, Radoje. « Specific of the Civil Service System of Serbia to the Civil Service Systems of the European Union Countries ». Dans Law in the process of globalisation, 553–64. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/lawpg.553b.
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In this paper, the author deals with the issues and challenges regarding the general state of civil service of Serbia, analysing it through the most important institutions – fulfillment of free job positions, assessment and promotion of civil servants, realisation and protection of rights of state civil servants, subordination as an element of civil service relation, conflict of interests, disciplinary responsibility, liability for damage etc. There is also a brief comparative presentation of civil service relations in Germany, Great Britain and Slovenia as other examples of civil service systems.
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Andenas, Mads. « EU Countries and the UK ». Dans Judicial Review of Administration in Europe, 295–306. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0018.
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This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.
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Bauder, Harald. « Devalued Germans ». Dans Labor Movement. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780195180879.003.0015.
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Despite the privilege of German citizenship, Spätaussiedler experience difficulties in the German labor market. Unemployment tends to be high, and many of those who are employed fill positions in the secondary segment of the labor market. A problem for many Spätaussiedler is that their former occupations do not exist or are not in demand in Germany. Tractor operators, technicians in the oil industry, and coal miners from the former Soviet Union have difficulty finding employment in their fields, particularly in Berlin. Other Spätaussiedler still work in their general field, but below their original qualifications. Of these, many are denied work in their former occupations because their foreign occupational and educational credentials are not recognized by German authorities and employers. Government efforts to streamline the transferability of foreign credentials have concentrated on countries within the European Union (Schneider 1995); however, Spätaussiedler from the territory of the former Soviet Union do not benefit from these efforts. Although, as German citizens, they are legally entitled to credential assessment, exclusionary practices in the credential assessment and recognition process still make it difficult for Spätaussiedler to obtain work in the upper labor market segment. These immigrants fall victim to a double standard that values domestic and foreign credentials differently. The nonrecognition of foreign credentials as a mechanism of labor devaluation is not unusual in countries that receive large numbers of immigrants, as illustrated in chapter 5 in the case of immigrants in Vancouver. In Germany, Spätaussiedler present an interesting group because they enjoy citizenship rights and privileges unavailable to other immigrant groups. They receive full legal labor market access, economic integration assistance, the right to credential assessment, privileged treatment by labor market institutions, and, unlike foreigners and naturalized migrants, they are able to use their foreign qualifications to establish small businesses and offer vocational apprenticeships. In some instances, Spätaussiedler even receive preferential treatment relative to other Germans, for example, when applying for small business loans (Juris 2003, BFVG §14). In light of these privileges, labor devaluation through legal exclusion is apparently not an issue for Spätaussiedler.
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Demir, Memduh Alper. « Is Turkey a Favorable Environment for FDIs ? » Dans Advances in Finance, Accounting, and Economics, 157–70. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-0333-1.ch009.
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The aim of this chapter is to measure the impact of institutional variables such as economic freedom and democracy on foreign direct investment from the European Union to Turkey. In this framework, the author models institutional factors affecting foreign direct investments. The model includes economic freedom index, political rights, civil liberties of Turkey, and Gross Domestic Products of selected European countries. In theoretical part, the perspective of institutional economics on economic freedoms and democracy is discussed. A brief literature about the relationship between foreign direct investments and economic freedoms and democracy is revealed. Stochastic frontier analysis was used in the implementation to show the relationship between variables and efficiency of European countries' foreign direct investments to Turkey. Proposals for policy implication have been made in the conclusion part. This chapter shows civil liberties and economic freedom index have positive effect on foreign direct investments that supports institutionalists.
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O'Dwyer, Conor. « The Benefits of Backlash ». Dans Coming Out of Communism, xiv—32. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479876631.003.0001.
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This chapter presents an overview of the wide variation in the politics of homosexuality and the trajectories of LGBT activism in postcommunist Europe since 1989. Against the conventional wisdom that this region is noteworthy precisely for its lack of progress regarding sexuality, this chapter’s historical-comparative perspective reveals examples of surprisingly well-organized and politically mobilized social movements advocating LGBT rights, often in those countries associated with resurgent traditionalism and backlash against transnational rights norms. This variation is puzzling in terms of the predominant “grand narratives” of post-1989 political development, namely, that of weak civil society and that of transnational diffusion and Europeanization through accession to the European Union. A comparative analytical framework is presented to explain how and under what conditions transnational pressures may boost the organizational development of LGBT-rights activism in postcommunist societies.
Actes de conférences sur le sujet "Immigrants – Civil rights – European Union countries"
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Saule, Murat. « PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION : COMPARATIVE LEGAL ANALYSIS ». Dans 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Marinescu, Roxana. « USING NEW MEDIA AND TECHNOLOGIES IN FOREIGN LANGUAGE EDUCATION FOR PLURILINGUAL COMMUNICATION AND DEMOCRATIC CITIZENSHIP ». Dans eLSE 2013. Carol I National Defence University Publishing House, 2013. http://dx.doi.org/10.12753/2066-026x-13-267.
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This paper focuses on outlining some effects that the use of new media and technologies in foreign language education has on both plurilingual communication and on democratic citizenship. At the moment in the European Union there are 27 member states and 23 officially acknowledged languages. With increasingly mobile European citizens and a growing number of immigrants from non-European countries, Europe faces the challenge of providing equal opportunities to all citizens and, at the same time, ensuring that their linguistic and cultural heritage will be preserved. This paper starts from the necessity stated in some European documents that the European citizen should learn at least two foreign languages, English being in practice one of those, for better or worse. Also foreign language education is viewed in connection with citizenship rights and intercultural communication, for a European citizen fully equipped for flexible work contexts in a time of increased mobility. With 'language rights' viewed as part of 'human rights' and with Europe a multilingual area, the plurilingual European citizens should be able to make effective use of all their educational strategies in order to enhance their chances in social and economic life. European educational policies should thus take into consideration the inclusion of new media and technologies in formal education, as well as the impact they have on the informal education of European citizens, and should evaluate the extent to which the use of these e-tools affects language learning in the context of multilingualism. This paper also briefly presents an overview of the results of a small scale survey conducted within the Bucharest University of Economic Studies among first-year students by means of a questionnaire and informal discussions. The survey focuses on how they use the new media in formal and informal language learning, especially English language learning.
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Uslu, Kamil. « The Evaluation of the Energy Resources of Exclusive Economic Zones in Eastern Mediterranean ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02348.
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The Eastern Mediterranean has attracted new attention on the gas potential in the world. In fact, overseas research in the eastern Mediterranean waters began in the late 1960s with a number of wells opened by Belpetco. With the overseas production of the region in recent years, it has entered the world agenda. However, these discoveries have triggered additional conflicts between the states on the establishment of sovereign rights and the limitation of the Exclusive Economic Zone (EEZ). In 2009, a large amount of energy was produced in the Eastern Mediterranean Region. The resulting supply, economic line in the westward movement, between Cyprus and Turkey, Turkey would reach out to EU countries. Arish-Ashkelon, which supplies gas to Israel, Jordan, Syria and Lebanon, has been identified as a pipeline. The other line is the Arab Gas Pipeline. The cooperation with the implementation of the line was met and accepted. But the Syrian civil war has postponed this view for now. When Cyprus joined the EU in 2004, the Sea of Levantine made the European Union a sea border for all practical purposes. In the early 2000s, Cyprus and Turkey's EU membership expectancy, could boost optimism about the possibility of a breakthrough. Turkey should not be admitted to the EU has prevented the solution of the Cyprus problem. Turkey and the Turkish Republic of Northern Cyprus (TRNC) and made clear that the agreement with the International Exclusive Economic Zone reached 200 Mile limits. The energy source derived from the region, the future of both Turkey and the TRNC will be able to improve the economic well-being. Thus, will contribute to peace in the region.
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Dauster, Manfred. « Criminal Proceedings in Times of Pandemic ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.