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Author: Markku Suksi
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9781780683607
DOWNLOAD EBOOK →With the spotlight on Magna Carta and the French Declaration of the Rights of Man and Citizen the existence of similar fundamental rights documents in other European countries is often overlooked. Such fundamental rights documents did, however, exist in the precursors to the current European Union Member States.
Author: Council of Europe
Publisher: Council of Europe
Published: 2018-04-15
Total Pages: 402
ISBN-13: 9287198497
DOWNLOAD EBOOK →The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Author: Nanette A. Neuwahl
Publisher: BRILL
Published: 2021-09-27
Total Pages: 351
ISBN-13: 9004482423
DOWNLOAD EBOOK →Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Published: 2017-08-04
Total Pages: 124
ISBN-13:
DOWNLOAD EBOOK →European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Published: 2011-01-01
Total Pages: 236
ISBN-13: 9789287171344
DOWNLOAD EBOOK →What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2016-10-13
Total Pages: 357
ISBN-13: 1107108888
DOWNLOAD EBOOK →This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Steve Peers
Publisher: Bloomsbury Publishing
Published: 2014-12-01
Total Pages: 1938
ISBN-13: 1849467471
DOWNLOAD EBOOK →The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
Author: Yumiko Nakanishi
Publisher: Springer
Published: 2017-10-05
Total Pages: 218
ISBN-13: 9811061297
DOWNLOAD EBOOK →This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
Author: Stefan Clauwaert
Publisher:
Published: 2003
Total Pages: 348
ISBN-13:
DOWNLOAD EBOOK →Presents extracts from the the Constitutions of the EU member states and candidate countries.
