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Journal articles on the topic 'Civil rights – Europe – Cases'

Author: Grafiati

Published: 26 July 2024

Last updated: 31 July 2025

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1

Roorda, Lucas. "Jurisdiction in Foreign Direct Liability Cases in Europe." Proceedings of the ASIL Annual Meeting 113 (2019): 161–65. http://dx.doi.org/10.1017/amp.2019.168.

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The right to remedy for victims of human rights abuses by transnational corporations is far from guaranteed. Often, the state where the abuses occurred is unwilling or incapable of offering effective remedies, especially effective judicial remedies. The victims may then choose to “go global” and bring civil suits in the courts of other states, including the home states of the corporations alleged to have committed the abuse. One way in which they have done so is by bringing so-called “foreign direct liability” (FDL) cases: civil claims in domestic courts of foreign states against corporate act

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Marochini Zrinski, Maša, and Karin Derenčin Vukušić. "NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA." Pravni vjesnik 37, no. 2 (2021): 83–104. http://dx.doi.org/10.25234/pv/12003.

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The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outsi

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Barth, William. "Minority Rights, Multiculturalism and the Roma of Europe." Nordic Journal of International Law 76, no. 4 (2007): 363–406. http://dx.doi.org/10.1163/090273507x249200.

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AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international ju

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Koenig, Carsten. "Human Rights or Private Rights? – Effective Protection of Victims in Global Supply Chains." AJIL Unbound 118 (2024): 269–73. https://doi.org/10.1017/aju.2024.51.

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The business and human rights movement has made significant gains recently. After years of struggle, courts are increasingly embracing the idea of holding multinational corporations accountable for human rights abuses and environmental damage in countries of the Global South. Legislators are supplementing this with supply chain laws that impose due diligence obligations on multinationals, often backed by administrative sanctions. Civil liability for damages is less often provided, but hailed as a particular achievement in terms of the protection of victims. However, a closer look at civil liab

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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.

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The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention

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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.

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The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention

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Katić, Nikolina, Matea Bašić, and Morana Briški. "Right of Access to Supreme Courts in Light of the Guarantees under Article 6 § 1 of the Convention on Human Rights and Fundamental Freedoms (civil aspect)." Croatian International Relations Review 24, no. 81 (2018): 69–90. http://dx.doi.org/10.2478/cirr-2018-0004.

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Abstract Right of access to a court, enshrined in Article 6 § 1 of the European Convention on Human Rights and Fundamental Freedoms forms one of the basis for reinforcement of the principle of rule of law. However, the right of access to a court may be limited by provisions of national legislation regulating the functioning of the judicial system and rules of judicial procedure. The higher the hierarchy of the court, the more limits may be placed on the right of access to it. The aim of this article is to examine the different modalities of organisation of supreme judiciaries in European count

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Zembrzuski, Tadeusz. "Evolvement of consumer rights protection in Polish judicial proceedings: New separate proceedings." Zbornik radova Pravnog fakulteta Nis 62, no. 98 (2023): 37–49. http://dx.doi.org/10.5937/zrpfn1-45220.

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In recognition of the concept of consumer rights to trial, individual and collective consumer rights should be extended across Europe as well as nationally. The need to affirm the procedural position of the so-called vulnerable parties in civil law proceedings is a complex and multifaceted matter. The Polish legislator having devised new separate proceedings in consumer cases is a manifestation of the equalising justice principle having been realised. Regardless, one may well doubt whether the current procedural form comprises a sufficient volume of significant deviations from ordinary proceed

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Andersen, David, Carsten Jensen, and Magnus B. Rasmussen. "Suffering from Suffrage: Welfare State Development and the Politics of Citizenship Disqualification." Social Science History 45, no. 4 (2021): 863–86. http://dx.doi.org/10.1017/ssh.2021.38.

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AbstractFollowing the landmark essay of T. H. Marshall, Citizenship and the Social Class (1949), it has conventionally been assumed that the introduction and expansion of social rights in Europe happened as the final stage of a long process of democratization that included the granting of first civil and then political rights. We present a radically different perspective on the relationship between the extension of suffrage (under meaningful competition for government power) and social rights, that is state-financed entitlements that make citizens’ livelihood independent from the labor market

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YAMELSKA, Khrystyna. "Formation of a human-centric approach to the prevention of torture in Ukraine." Economics. Finances. Law, no. 4/1 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(1).5.

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The paper is concerned with the role of key international human rights standards and soft law instruments of the Council of Europe in the preventing ill-treatment of persons deprived of their liberty in the context of the human centrist approach. The paper determine the purpose of the formation of human-centric legal ideology in Ukraine, which is the creation of a mechanism of effective restriction of public power in the interests of protecting the fundamental rights. The paper is dedicated to the doctrine of human-centric legal ideology in Ukraine and its human dignity key element. Considerin

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Firdaus, Arifin. "Screening of Court Competence Through Dismissal of Process in The General Justice System." LAW&PASS: International Journal of Law, Public Administration and Social Studies 1, no. 3 (2024): 306–14. https://doi.org/10.5281/zenodo.13336983.

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In the world there are 2 (two) types of legal systems, namely the Anglo Saxon or Common Law System and the Continental Europe or Civil Law System, Countries with Anglo Saxon legal systems do not recognize the separation of judicial chambers. Indonesia as a continental european adherent in the exercise of judicial power divides into several courts under it, including General Courts, Religious Courts, Administrative Courts, and Military Courts. The number of cases submitted to the District Court as General Court makes the case unfiltered, whether it is under the authority of the District Court o

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Gusarov, Kostiantyn, and Viktor Terekhov. "Finality of Judgments in Civil Cases and Related Considerations: The Experience of Ukraine and Lithuania." Access to Justice in Eastern Europe 2, no. 5 (2019): 6–29. http://dx.doi.org/10.33327/ajee-18-2.4-a000020.

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Finality of judgments is a concept that puts an end to the trial, prohibiting subsequent appeals, opening of new proceedings and disputing clearly established facts. Despite being promoted by the Council of Europe and its Court of Human Rights and familiar to most if not all states, its application still encounters misunderstanding in some Eastern European Countries. Deeply rooted ideas of substantive truth and public role of the judiciary, a rather idiosyncratic notion of fair trial and the rule of law all lead to underestimation of the role played by finality in a peaceful life of the societ

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Martín-Retortillo Baquer, Lorenzo. "La defensa de los derechos fundamentales : tres diferentes cauces jurisdiccionales en la Constitución española." Civitas Europa 7, no. 1 (2001): 9–39. http://dx.doi.org/10.3406/civit.2001.961.

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A recent constitution, like the Spanish one of 1978, emphasises on three occasions, judicial control of administrative activity Firstly, dealing with basic rights, it tackles the principle of the concept of the "fair trial" or the "right to effective judicial supervision". Secondly, dealing with the Administration, it establishes the general criterion of judicial control. And thirdly, establishes the rule of "effective recourse" whenever there is a violation of basic rights. The influence of Italian constitutionalism is put into question insofar as the first two points are concerned. In order

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HERNANDO MASDEU, JAVIER. "Development and evaluation of oral and written rhetorical skills through essays and case studies." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 3 (January 1, 2011): 81–92. http://dx.doi.org/10.24310/rejie.2011.v0i3.7917.

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In Europe “civil law” schools the use of cases are often intended to help students to find out the "right" solution in a given legal problem. Among us, in continental Europe, most of law is made by scholars and legislators and the main task of a student in solving a case is place the facts in the right legal or theoretical category, so improving his conceptual management skills and his knowledge of the statutory law. By contrast, in anglo-saxon tradition law is developed mainly by judges, so teaching has much more to do with learning the way lawyers work. Cases and essays are used to discuss t

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Bregu, Meljana. "The Protection of Human Rights in Post-Communist Albania." European Journal of Social Sciences Education and Research 7, no. 1 (2016): 63. http://dx.doi.org/10.26417/ejser.v7i1.p63-69.

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Albania was one of the most isolated countries in Europe for nearly 45 years. During the communist era, the legal system was under the direct control of the Party of Labor. The protection of human rights in the first years of the communist regime was clearly shaped on the soviet principles. The criminal code of Albania was the symbol of a repressive system, regardless of human rights protection, crimes punishable by death were sanctioned by various articles, including “agitation and propaganda against the state” and ‘activities against the revolutionary movement of the working class”. Hoxha al

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Pilkov, Kostiantyn. "REOPENING CASES FOLLOWING JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS: ROOM FOR A EUROPEAN CONSENSUS?" Access to Justice in Eastern Europe 5, no. 4 (2022): 1–28. http://dx.doi.org/10.33327/ajee-18-5.4-a000415.

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The reopening of domestic criminal, civil, and administrative proceedings following European Court of Human Rights findings of a violation of the ECHR is an extraordinary remedy; its application is debatable in the Contracting States to the Convention. The overall objective of this article is to analyse the availability of the reopening of proceedings as a means of ensuring restitutio in integrum, i.e., the restoration of the status quo ante for a victim of violation or awarding compensation that would be sufficient in order bring the victim of a violation back to their position as if no viola

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Velichko, Veronika, and Ekaterina Terdi. "Contractual Preemptive Rights: Russian Doctrine and European Tradition in the Context of Russian Civil Code Reform." Russian Law Journal 7, no. 1 (2019): 119–37. http://dx.doi.org/10.17589/2309-8678-2019-7-1-119-137.

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Problems associated with the possibility of the stipulation of preemptive rights by contract and their effective protection are researched in this article. Based on the examples of German, French and Swiss civil legislation, we establish that contractual preemption is widely used in Europe as a convenient instrument to formalize the interests of the participants in a civil turnover. In this connection, in Russian civil doctrine, the widespread idea that preemptive rights may be stipulated only by law, not by contract, should be revised.We state that the essence of the institution of preemptive

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Richardson, James T. "Religious Freedom in Flux: The European Court of Human Rights Grapples with Ethnic, Cultural, Religious, and Legal Pluralism." Changing Societies & Personalities 3, no. 4 (2020): 303. http://dx.doi.org/10.15826/csp.2019.3.4.079.

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This article examines the growing influences of the European Court of Human Rights (ECtHR), and controversies arising as a result of the Court’s movement toward establishing itself as a de facto Supreme Court of member nations of the Council of Europe (CoE) in the area of human and civil rights, including religious freedom. Responses to criticisms of the Court are considered, as is the growing problem of some member states refusing to enforce rulings of the Court. Some recent cases, mostly involving Islam, that seem to demonstrate a growing recognition of the ethnic, cultural, and legal plural

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Turuta, O., and O. Turuta. "Artificial intelligence through the prism of fundamental human rights." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 49–54. http://dx.doi.org/10.24144/2307-3322.2022.71.7.

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The article analyzes the development of artificial intelligence and its impact on human rights. The ways of introducing artificial intelligence technologies into various spheres of human life are determined. It is considered how different artificial intelligence systems are used today in the world and how they can help and harm society. The analysis of the impact of artificial intelligence on human rights is based on documents widely used in Europe and containing a wide range of human rights, the General Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rig

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Parra Gómez, David. "Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain." ATHENS JOURNAL OF LAW 7, no. 3 (2021): 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.

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Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material sphe

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Parkhomenko, Pavlo, and Larysa Hretchenko. "The concept of introducing specialization of judges in family and children's cases." Slovo of the National School of Judges of Ukraine, no. 4(45) (February 19, 2024): 51–63. http://dx.doi.org/10.37566/2707-6849-2023-4(45)-4.

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The development of child-friendly justice and the implementation of its various elements remains the focus of priority actions of both the international community and Ukrainian bodies and agencies. A child-centered approach is a key factor in a number of domestic reforms of the judiciary and the system of protection of children's rights, which determines the need (necessity) for the specialization of specialists related to working with children and protecting their rights and interests. The current legislation does not provide for the mandatory specialization of judges in family and children's

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Maxatov, Nurzhan, Margulan Bekturganov, and Nataliia Petrenko. "CIVIL PROCEDURE AND ECTHR JURISPRUDENCE: ECONOMIC IMPLICATIONS AND AZERBAIJAN’S EXPERIENCE." Baltic Journal of Economic Studies 11, no. 1 (2025): 342–49. https://doi.org/10.30525/2256-0742/2025-11-1-342-349.

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This article examines the economic implications of European Court of Human Rights (ECtHR) jurisprudence on civil procedural law, focusing on Azerbaijan as a case study. The study explores how ECtHR decisions have influenced legislative reforms and judicial practice in Azerbaijan, and analyzes the effects on economic efficiency, investment attractiveness, financial costs, and the stability of the legal framework. Since joining the Council of Europe and adopting the European Convention on Human Rights (ECHR), Azerbaijan has undertaken numerous judicial reforms to align its civil procedure with E

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Herts, Alla. "The Peculiarities of Civil-Legal Regulation of Transplantation in Ukraine and Europe." Baltic Journal of European Studies 8, no. 1 (2018): 33–48. http://dx.doi.org/10.1515/bjes-2018-0003.

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Abstract In modern realities the issue of the quality and accessibility of health services, the cost of medicines, examinations and treatment in general is being increasingly frequently discussed. The attention is focused on such a narrow surgical field as transplantation, because in Ukraine thousands of patients are waiting in line for organ transplantation and very few operations are performed. The main, most secure and common type of transplantation is the transplantation of organs and tissues from a deceased person, the dead body. Cadaveric transplantation, which is used in most developed

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Ljubović, Mirza. "The Right to Self-Determination of Peoples through Examples of Åland Islands and Quebec : Recommendations for a Peaceful International Legal Order." Review of European and Comparative Law 53, no. 2 (2023): 189–207. http://dx.doi.org/10.31743/recl.16229.

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In contemporary public international law, it is increasingly common that in many countries of the world and Europe, political representatives of the peoples are calling for an inalienable right to the external self-determination of the peoples involving secession to try to achieve their independence and autonomy, forming their national states to the detriment of already existing countries in which they are currently living. However, this may cause destabilization and wars in many complex multiethnic states and the European Union. Therefore, the Aland Islands and Quebec cases are extremely impo

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Votta, Mariano, and Maira Cardillo. "The National Recovery & Resilience Plans According to Citizens’ Perspective: will the EU regain its Leadership in Health? From the Italian Case History to the XVI European Patients’ Rights Day." Clinical Research and Clinical Trials 5, no. 2 (2022): 01–05. http://dx.doi.org/10.31579/2693-4779/074.

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Healthcare, well-being, and a healthy lifestyle are vital for all of us. In this regard, the engagement of European citizens is key to improve the health system and it is necessary to provide a leading role to the people, the communities, intermediate bodies such as Patients' Advocacy Groups (PAGs), citizens organizations involved in healthcare issues and, more generally, to all actors that promote health as a common good. European institutions struggle to translate into concrete actions the many times highlighted principle relating to the involvement of actors of the civil society and PAGs in

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Afanasiev, S. F. "About Legal Policy in the Field of Formation and Implementation Online Dispute Resolution Mechanisms in Civil and Administrative Court Proceedings." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 17, 2022): 98–105. http://dx.doi.org/10.17803/2311-5998.2021.88.12.098-105.

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The article analyzes the legal policy of the countries of the Council of Europe in the ﬁeld of the formation and subsequent implementation of new mechanisms for online dispute resolution in civil and administrative proceedings. In this regard, the guidelines for the use of such mechanisms (which are set out in the relevant Recommendations of the Committee of Ministers of the Council of Europe) are discussed in detail in the ﬁeld of access to justice, equality of arms, evidence and evidence, trial and informed decision, as well as the right to review it. ... Attention is focused on the need to

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Romtsiv, O. I. "International legal mechanisms for the protection of human rights and freedoms in times of war: the practice of the ECHR." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 168–72. http://dx.doi.org/10.24144/2788-6018.2023.06.29.

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The issue of human and civil rights and freedoms is an integral part of the problems of the real human situation in society and the State. Never before have the issues of human and civil rights and freedoms been raised as acutely as they are today in connection with Russia's full-scale invasion of Ukraine. The international community is on the side of Ukraine, the inviolability of its territorial integrity, and most importantly, in defense of human rights as the highest social value in the country. Also, after the armed aggression of Russia and its full-scale invasion of Ukraine, ensurin

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Bevza, A. "State of scientific research problems of judicial proceedings in civil jurisdiction." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 135–41. http://dx.doi.org/10.24144/2788-6018.2024.05.21.

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The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definitions and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author’s definition of the concept of «justice». Issues of access to justice are highlighted. It is suggested that the issue of access to justic

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Borovska, І. А. "Peculiarities of the procedural form of simplified claim proceedings in civil judiciary." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 90–96. http://dx.doi.org/10.24144/2307-3322.2021.65.16.

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The article is devoted to the study of the institute of summary proceedings in civil proceedings, namely the legal nature of summary proceedings, the peculiarities of its procedural form and coverage of certain issues related to the implementation of the principles of civil proceedings during the consideration and resolution of cases in summary proceedings.The article considers doctrinal provisions on optimization of civil process by differentiation of procedural form of civil proceedings and introduction of simplified court procedures, international tendencies of its development in the corres

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Balamush, M. A., and M. I. Lazarieva. "COMMISSIONER IN CASES OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A PUBLIC SERVICE SUBJECT." Constitutional State, no. 49 (April 18, 2023): 39–48. http://dx.doi.org/10.18524/2411-2054.2023.49.276020.

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The article defines and substantiates the legal statu of the Commissioner in the cases of the European Court of Human Rights according to the criteria and classifications presented in scientific sources. It has been established that the system of public positions, whose activities are aimed at ensuring and realizing the rights and freedoms of man and citizen in Ukraine, has not yet received a comprehensive and comprehensive study. Most institutes in this field work separately and unconsolidated. It was found that the rapid development of national legislation in the field of public service demo

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Visontai-Szabó, Katalin. "A gyermek jogainak érvényesülése a magyar polgári eljárásban." Erdélyi Jogélet 3, no. 1 (2020): 85–110. http://dx.doi.org/10.47745/erjog.2020.01.07.

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The status of children, and their role have both undergone significant changesall over the world in the past half century. The rights and vulnerabilities of the child are now the subject of increased attention in all fields, including in the framework of the judicial process. Today, the notion of child-friendly justice is not unknown in Hungary although it is yet to be decided if the proper term is child-friendly or child-centred. The means of ensuring that the rights of the child are respected are common to all procedures; however, the traumas and adverse experiences they may have found thems

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Akulov, Yu. "LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/4.111-1.

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The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity. The purpose of this study is to determine the specifics of legal reg

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Havrik, R. "To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 119–23. http://dx.doi.org/10.24144/2307-3322.2021.63.21.

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In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions. This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to th

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Crețu, Ivan. "Torture, human rights and personal safety." Supremația dreptului 2 (February 15, 2021): 100–104. https://doi.org/10.5281/zenodo.4543358.

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This article draws a number of conclusions relating to torture and ill-treatment, and examines the reforms accomplished in the Republic of Moldova, based on the findings of the Committee on civil and political rights and other bodies vested with powers in the area, as well as on interviews with them to experts working in the field of human rights and the criminal justice system. Likewise, the situation in respect of the right to a fair trial was mirrored, which shows that in the Republic of Moldova there have been no essential progress to contribute to the effective realization of this right.

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Belikova, A. "Certain aspects of the application of individual and general measures in the execution of ECtHR judgments against Ukraine in family cases." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 135–40. http://dx.doi.org/10.24144/2307-3322.2022.76.1.20.

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The article examines separate aspects of taking measures of an individual and general nature in the implementation of decisions of the European Court of Human Rights against Ukraine in family matters. Attention is paid to some features of the implementation of such decisions, in particular: the presence of the final decision of the Court as the status of an executive document; the introduction of a special procedure for the execution of the decision of the ECHR: application for execution by the state in the person of the representative body, payment of compensation to the debtor, adoption of a

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Senyuta, I. Y. "Arbitration in Medical Cases in Ukraine." Medicne pravo, no. 2(22) (September 25, 2018): 41–49. http://dx.doi.org/10.25040/medicallaw2018.02.041.

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Current political and legal conditions caused by the medical reform implementation, transformation of legislation, and increased activity of patients to protect their rights, have given rise to the need to find the best forms, methods and means of protecting human rights in the field of medical care. The Council of Europe recommends the governments of member states to ensure that patient safety becomes a cornerstone of all relevant healthcare strategies and defines that, while people can make mistakes in all areas of activity, they can turn those mistakes to experience in order to preven

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Fedchyshyn, S. A. "The Authorized Person in the affairs with the European Court of Human Rights: some features of the position in the light of reformation of ukrainian legislation on public service." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 451–55. http://dx.doi.org/10.24144/2788-6018.2024.04.74.

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this article is dedicated to the analysis of certain features of the position of the Authorized Person in the Affairs with European Court of Human Rights in the context of the reformation of Ukrainian legislation on public service. It is noted that a necessary condition for the effective organization and execution of public service in Ukraine is the proper differentiation of state positions into political, administrative, judicial, and patronage, as well as a clear distinction of their legal status. It is emphasized that the position of the Authorized Person in the Affairs with European Court

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Jankuv, Juraj. "Ľudské právo na životné prostredie a mechanizmy jeho ochrany v medzinárodnom práve." AUC IURIDICA 52, no. 4 (2025): 63–83. https://doi.org/10.14712/23366478.2025.116.

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The author deals in his contribution with the topic of the human right to the environment and the mechanisms of its protection in international law. Human right to the environment was implemented to the international law at the beginning of the seventies of the twentieth century in the scope of international environmental law. The legal arrangement of this human right was later logically connected with the international human rights law. That is why the international mechanisms of protection of this right are contained in two mentioned parts of international public law – international environm

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Kopeček, Michal. "The Socialist Conception of Human Rights and Its Dissident Critique." East Central Europe 46, no. 2-3 (2019): 261–89. http://dx.doi.org/10.1163/18763308-04602006.

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Much has been written about human rights language as a keystone of democratic dissent in Eastern Europe as well as about its damaging impact on the communist dictatorships—the so called “Helsinki effect.” This article analyzes the less familiar criticism of the core of the socialist theory of human rights and discusses whether this criticism proved to be particularly damaging for the socialist regimes’ legitimacy, self-esteem, and international standing, leading to their defensive stance in this sphere. Simultaneously, it will question, to some extent, the prevailing and rather one-sided “libe

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Karamanukyan, D. T., and P. Chvosta. "The Right to a Fair Trial in the Area of Russian and Austrian Public Law." Siberian Law Review 19, no. 1 (2022): 91–108. http://dx.doi.org/10.19073/2658-7602-2022-19-1-91-108.

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The research paper examines the legal category of procedural (proceedings) law “Right to a Fair Trial” as a fundamental element of the European Human Rights Convention and the judicial practice of the European Court of Human Rights. The Authors concentrate mainly on the general part of Article 6 and focus on crucial aspects of the mentioned right which have become significant for the daily legal practice in the Russian Federation, Republic of Austria and other member states. In the domestic Russian legal doctrine, there are sectoral and international legal studies devoted to the Convention for

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Laffranque, Julia. "The Ombudsman in the Eyes of the European Court of Human Rights." Juridica International 29 (December 31, 2020): 95–107. http://dx.doi.org/10.12697/ji.2020.29.09.

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While the work of an Ombudsman (whether a national or the European Ombudsman) and the European Court of Human Rights might seem relatively different, the rule of law, democracy, transparency and access to documents, issues such as migration, and many more fundamental rights-related topics are at the focus of both institutions. The common goal for both, Ombudsmen in Europe and the Court, is to guarantee flawless protection of human rights. The article, via a thus-far unique closer look at the ECtHR case law related to Ombudsmen with regard to institutional, procedural, and substantial issues, e

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Boschainen-Duursma, H. Ch, and I. Izarova. "ORDER FOR PAYMENT PROCEDURE IN AUSTRIA AND UKRAINE: COMPARATIVE STUDY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 109 (2019): 10–14. http://dx.doi.org/10.17721/1728-2195/2019/1.109-2.

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One of the main tendencies in the reform of procedural legislation over the last decades remains ensuring the effective rights protection through the simplification and speeding up of court proceedings in civil matters. The abovementioned ideas have repeatedly been reflected in the final reports of scientific projects, in the recommendations of the Committee of Ministers of the Council of Europe, and have been implemented at the European Union's level in Regulations of Small Claims Procedure and Order for Payment Procedure, as well as to some extent during the reforms of the national legislati

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Salverda, Reinier. "Linguistic Justice and Endangered Languages." Acta Universitatis Sapientiae, European and Regional Studies 9, no. 1 (2016): 39–47. http://dx.doi.org/10.1515/auseur-2016-0006.

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Abstract This contribution will engage with Van Parijs’s approach to linguistic justice and his working principles for the reduction of unfairness in the language domain (in particular, the need for intervention and his territorial principle), reflecting on a range of cases of multilingual practice and linguistic coexistence – respectively, in the multilingual capital of the world which is London today; in Fryslân, the minority language area in northern Netherlands; and in Europe, through its European Charter of Regional Minority Languages. Overall, my argument, on a theoretical level, is for

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Andrii, Rybalkin, and Nosenko Yuliia. "Peculiarities of application of the practice of the European Court of Human Rights in the justice in Ukraine." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 14–17. https://doi.org/10.15587/2523-4153.2021.235130.

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The scientific article examines the activities of the European Court of Human Rights and identifies the significance of the relevant case law of the European Court for the case law of Ukraine. It is noted, that one of the issues, studied within the topic, is the sources and legal framework, which is especially relevant in the adoption of the Law of Ukraine «On Enforcement of Decisions and Application of the Case Law of the European Court of Human Rights», according to which courts use the Agreement and case law as a legal source in cases. The activity of the European Court of Human

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Kulov, Stanislav Sergeevich. "Forum internum and forum externum in the law of freedom of thought, conscience, and religion: international legal aspects and comparative analysis." Международное право, no. 3 (March 2025): 63–81. https://doi.org/10.25136/2644-5514.2025.3.74619.

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The article explores the concepts of forum internum and forum externum as essential components of the right to freedom of thought, conscience, and religion. It analyses international legal instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention, alongside jurisprudence from the UN Human Rights Committee and the European Court of Human Rights. Particular attention is given to the distinction between internal convictions, which are afforded absolute protection, and their external manifestations, which

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Rybalkin, Andrii, and Yuliia Nosenko. "Peculiarities of application of the practice of the European Court of Human Rights in the justice in Ukraine." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 14–17. http://dx.doi.org/10.15587/2523-4153.2021.235130.

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The scientific article examines the activities of the European Court of Human Rights and identifies the significance of the relevant case law of the European Court for the case law of Ukraine. It is noted, that one of the issues, studied within the topic, is the sources and legal framework, which is especially relevant in the adoption of the Law of Ukraine «On Enforcement of Decisions and Application of the Case Law of the European Court of Human Rights», according to which courts use the Agreement and case law as a legal source in cases. The activity of the European Court of Human Rights, the

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Hopkinson, Eckhart Christopher. "Why Disrespectful Acts against Prophet Muhammad and Quran Must be Outlawed Worldwide: An Analysis of Legislations and Case Laws (Part 1)." International Journal of Multicultural and Multireligious Understanding 12, no. 3 (2025): 564. https://doi.org/10.18415/ijmmu.v12i3.6577.

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Controversies arose much more than before after the deliberate republication of the Prophet’s Muhammad cartoons by a French weekly magazine, Charlie Hebdo in 2020. But, this article will prove that ridiculing and insulting are not instances of the right for the freedom of speech and expression. It has been discussed that publishing the insulting cartoons do not count as a defense of the right for freedom of expression. Europeans have never permitted the prosecution of Prophet Muhammad cartoons or Quran burning issues to reach the courts because they understand that if these cases were brought

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Rensmann, Lars, Sarah L. De Lange, and Stefan Couperus. "Editorial to the Issue on Populism and the Remaking of (Il)Liberal Democracy in Europe." Politics and Governance 5, no. 4 (2017): 106–11. http://dx.doi.org/10.17645/pag.v5i4.1328.

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Populism has become the issue of comparative political science today. The rise and continuing success of populist parties is by now evident across Europe, despite persistent cross-national variations. Populist parties’ electoral success and their participation in government have raised questions about their impact: not just on established party systems, but also on the systemic core of European democracies. In theory, this impact can be both beneficial for, as well as a challenge to democracy in general, and the tenets of liberal constitutional democracy in particular. The presence of populist

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Fermeglia, Matteo, and Riccardo Luporini. "‘Urgenda-Style’ Strategic Climate Change Litigation in Italy: A Tale of Human Rights and Torts?" Chinese Journal of Environmental Law 7, no. 2 (2023): 245–60. http://dx.doi.org/10.1163/24686042-12340108.

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Abstract This contribution addresses the first strategic climate change litigation filed against the Italian State, the Giudizio Universale case. Giudizio Universale’s legal architecture is largely akin to other landmark cases filed in Europe, such as Urgenda in The Netherlands and Klimaatzaak in Belgium. Accordingly, Giudizio Universale is grounded on the state’s breach of international and EU obligations, the encroachment of human rights enshrined in the European Convention on Human Rights and the Italian Constitution, and the consequent attribution of domestic tort liability to the state un

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Piovesan, Flávia Cristina, Regeane Bransin Quetes, and Miriam Olivia Knopik Ferraz. "Violações aos direitos humanos dos trabalhadores e os sistemas regionais de proteção." Espaço Jurídico Journal of Law [EJJL] 19, no. 1 (2018): 87–112. http://dx.doi.org/10.18593/ejjl.v19i1.12848.

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Resumo: Neste artigo teve-se como objetivo a análise da violação dos direitos humanos dos trabalhadores e o papel dos sistemas regionais de proteção. A metodologia foi o exame da jurisprudência do sistema Interamericano, o sistema Europeu e o sistema Africano dentro de uma perspectiva que buscou a análise a partir da universalidade e indivisibilidade dos direitos humanos, bem como de multifuncionalidade e dupla titularidade dos direitos humanos fundamentais. Por meio da análise dos casos que são direcionados à proteção e direitos trabalhistas, observou-se que os sistemas, ainda, não são harmôn

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