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Journal articles on the topic 'Greece Jurisprudence'

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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1

Calo, Zachary R. "Pluralism, Secularism and The European Court of Human Rights." Journal of Law and Religion 26, no. 1 (2010): 261–80. http://dx.doi.org/10.1017/s0748081400000977.

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The Article 9 religious freedom jurisprudence of the European Court of Human Rights most basically concerns the question of religious pluralism. The “principle of pluralism seems to be the main—the core—principle” guiding the Court's religious freedom jurisprudence, argues one of the Court's judges. Assessing the Court's work in the area of religious freedom therefore requires considering its treatment of pluralism, which is the concept most often employed to interpret Article 9 of the European Convention on Human Rights. The Court's approach to religious pluralism is still heavily indebted to

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2

Duxbury, Neil. "Foundations of legal tradition: the case of ancient Greece." Legal Studies 9, no. 3 (1989): 241–60. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00649.x.

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Much has often been made of Maine's striking opening sentence to his Ancient Law, in which he states that the most celebrated system of jurisprudence in the world, the Roman law system, ‘begins, as it ends, with a code.’ It is a remark which serves well those who argue that law has evolved as a predominantly written culture. Yet, as Maine points out, the publication of the Twelve Tables (these traditionally being regarded as the foundation of Roman law) ‘is not the earliest point at which we can take up the history of law.’

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Nakajima, Kei. "Parallel Universes of Investment Protection? A Divergent Finding on the Definition of Investment in the icsid Arbitration on Greek Sovereign Debts." Law & Practice of International Courts and Tribunals 15, no. 3 (2016): 472–90. http://dx.doi.org/10.1163/15718034-12341334.

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As exemplified by the three icsid cases brought by Italian bondholders against Argentina, arbitral tribunals have tended to interpret broadly the term ‘investment’ in applicable bits. However, the tribunal in Poštová banka v. Greece came to the opposite conclusion: the series of Greek sovereign bonds in question did not constitute a protected ‘investment’. Although the tribunal carefully scrutinized the specificity in phrasing in the applicable bits so as to justify its divergent conclusion, some commentators still find inconsistencies with previous jurisprudence. This article examines the int

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Psychogiopoulou, Evangelia. "Judicial Dialogue in Social Media Cases in Europe: Exploring the Role of Peers in Judicial Adjudication." German Law Journal 22, no. 6 (2021): 915–35. http://dx.doi.org/10.1017/glj.2021.57.

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AbstractThis Article aims to examine the social media jurisprudence of national courts in a selected set of EU Member States by focusing on judicial dialogue specifically via references to the case law of other courts. Do judges in social media cases engage with the case law of peers, and if so how and to what extent? The analysis investigates whether national judges draw on the jurisprudence of higher domestic courts, foreign courts and/or European supranational courts—the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR)—and explores the use of such

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Bederman, David J. "Jurisprudence of the Foreign Claims Settlement Commission: Albania Claims." American Journal of International Law 106, no. 2 (2012): 271–94. http://dx.doi.org/10.5305/amerjintelaw.106.2.0271.

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Albania ranks among the smallest and poorest countries in Europe, located on the Adriatic and Ionian Seas just north of Greece. It gained its independence from the Ottoman Empire in 1912 (accounting for the fact that a majority of the population is Muslim) and subsisted as a monarchy for much of the interwar period. Albania was occupied by Italy (and then Nazi Germany) for all of the Second World War. Communist partisans expelled the Germans in 1944, without the assistance of Soviet forces, and thus began nearly a half-century of a totalitarian, isolationist rule by an extremely repressive Com

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6

Vickers, Lucy. "Freedom of Religion or Belief and Employment Law." Religion and Human Rights 12, no. 2-3 (2017): 164–73. http://dx.doi.org/10.1163/18710328-12231146.

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Abstract This article explores the extent to which the jurisprudence of the European Convention on Human Rights has promoted the protection of freedom of religion or belief in the context of the workplace since the decision in Kokkinakis v. Greece. As a preliminary question, it explores whether and why freedom of religion or belief extends to the employment relationship. It then considers two main areas where freedom of religion or belief interacts with employment: the rights of religious workers to manifest religion or belief at work, and the rights of religious organisations to impose religi

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Kaburakis, Anastasios, and Ryan M. Rodenberg. "EU GAMBLING AT THE INTERSECTION OF POLICY AND LITIGATION." Journal of Gambling Business and Economics 5, no. 2 (2013): 1–9. http://dx.doi.org/10.5750/jgbe.v5i2.566.

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Given its high level of regulation, the gambling industry must be able to react quickly to litigation and resulting change in policy (and enforcement thereof). Using a case study approach, this short paper highlights how the twin issues of policy and litigation have recently impacted the gambling industry in the European Union. Examples focus on recent developments in the EU that outline the relevant contours of the European Court of Justice’s jurisprudence, with a special emphasis on the dynamic situation in Greece. These examples shape the ensuing discussion of the future of both the regulat

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8

Anagnostou, Dia, and Liviu Andreescu. "The European Court of Human Rights in National Struggles around Religion and Education." Politics and Religion 12, S1 (2018): S134—S150. http://dx.doi.org/10.1017/s175504831800007x.

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AbstractThis paper analyzes comparatively the indirect effects of the European Court of Human Rights (ECtHR) judgments related to religion and education in four countries: Greece, Italy, Romania, and Turkey. It examines whether and how ECtHR jurisprudence on religion and education influences the views and the strategies deployed by various categories of actors. Do religious, secularist, minority, and other actors invoke these judgments and their normative principles in their discourse and mobilization strategies to promote religious pluralism or conversely religious values, in education? How a

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9

Moreno-Lax, Violeta. "Dismantling the Dublin System: M.S.S. v. Belgium and Greece." European Journal of Migration and Law 14, no. 1 (2012): 1–31. http://dx.doi.org/10.1163/157181612x627652.

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Abstract The Dublin Regulation establishes criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in the European Union by a third-country national. The system is based on the presumption that Member States may be considered ‘safe countries’ for asylum seekers, for which reason transfers from one Member State to another are supposed not to violate the principle of non-refoulement. The fact that all Member States have acceded to the 1951 Refugee Convention and to the European Convention on Human Rights, that they share a pledge to est

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10

Anagnostou, Dia. "Gender Constitutional Reform and Feminist Mobilization in Greece and the EU: From Formal to Substantive Equality?" Canadian Journal of Law and Society / Revue Canadienne Droit et Société 28, no. 02 (2013): 133–50. http://dx.doi.org/10.1017/cls.2013.18.

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Abstract Over the past fifteen years, substantive equality and the idea of positive measures to tackle the structural roots of gender inequality have increasingly gained currency in Europe. Focusing on the case of Greece, this article explores the factors that promote constitutional and statutory reforms to promote substantive equality, and examines the effect of such reforms on gender equality rights and policy. It argues that domestic legal and social mobilization by feminists, who participated in transnational networks, were instrumental in the diffusion of the relevant EU and international

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11

Bryanic, Nadezda V. "DYNAMICS OF LEGAL UNDERSTANDING IN ANTIQUITY: FROM PHILOSOPHY OF LAW OF ANCIENT GREECE TO JURISPRUDENCE OF ANCIENT ROME." Research Yearbook. Institute of Philosophy and Law. Ural Branch of the Russian Academy of Sciences 18, no. 1 (2018): 7–23. http://dx.doi.org/10.17506/ryipl.2016.18.1.723.

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12

Sezgin, Yüksel. "Muslim Family Laws in Israel and Greece: Can Non-Muslim Courts Bring about Legal Change in Shari‘a?" Islamic Law and Society 25, no. 3 (2018): 235–73. http://dx.doi.org/10.1163/15685195-00253p03.

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Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative interventions into substantive MFLs. Instead they have empowered civil courts to play the role of “reformer.” But how successful have civil judiciaries

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13

Hill, Mark, and Katherine Barnes. "Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights in the Quarter Century since Its Judgment in Kokkinakis v. Greece." Religion and Human Rights 12, no. 2-3 (2017): 174–97. http://dx.doi.org/10.1163/18710328-12231158.

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Abstract The manifestation of religious beliefs under Article 9 the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its lose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of “prescribed by law”, “necessary in a democratic society”, “publi

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14

Hill, Mark. "The Qualified Right to Freedom of Religion: An examination of the limitations contained in Article 9 of the European Convention on Human Rights." Studia z Prawa Wyznaniowego 23 (December 30, 2020): 73–99. http://dx.doi.org/10.31743/spw.9697.

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The manifestation of religious beliefs under Article 9 of the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its loose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of ‘prescribed by law’, ‘necessary in a democratic society’, ‘public saf

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15

Evans, Carolyn. "Individual and Group Religious Freedom in the European Court of Human Rights: Cracks in the Intellectual Architecture." Journal of Law and Religion 26, no. 1 (2010): 321–43. http://dx.doi.org/10.1017/s0748081400000990.

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The Evolution of Religious Freedom in the European Court of Human RightsArticle 9 of the European Convention on Human Rights, which protects religious freedom, looked for many decades as though it was going to be effectively a dead letter. The European Court of Human Rights (“the Court”) did not find a violation of Article 9 until the case of Kokkinakis v. Greece which was decided only seventeen years ago, in 1993. Even after that seminal decision, religious freedom cases were still relatively rare for several years; in 2001, there had been fewer than thirty Court cases on Article 9. However,

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16

Schumann, Andrew. "On the Babylonian Origin of Symbolic Logic." Studia Humana 6, no. 2 (2017): 126–54. http://dx.doi.org/10.1515/sh-2017-0016.

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Abstract The logical reasoning first appeared within the Babylonian legal tradition established by the Sumerians in the law codes which were first over the world: Ur-Nammu (ca. 2047 – 2030 B.C.); Lipit-Ishtar (ca. 1900 – 1850 B.C.), and later by their successors, the Akkadians: Hammurabi (1728 – 1686 B.C.). In these codes the casuistic law formulation began first to be used: “If/when (Akkadian: šumma) this or that occurs, this or that must be done” allowed the Akkadians to build up a theory of logical connectives: “... or…”, “… and…”, “if…, then…”, “not…” that must have been applied in their j

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17

Kosińska, Anna Magdalena. "Standard bezpieczeństwa migracyjnego w świetle aktualnego orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej w sprawach dublińskich." Rocznik Instytutu Europy Środkowo-Wschodniej 17, no. 2 (2019): 277–91. http://dx.doi.org/10.36874/riesw.2019.2.11.

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The article analyses the current, post-crisis case-law of the Court of Justice of the European Union (CJEU) in cases concerning the so-called Dublin Regulation, i.e. Regulation 604/2013, which establishes the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national. The aim of the article is to analyze the standard of migration security in the area of Dublin cases. The key problem for the discussed issue was the judgment in the Jawo case, in which the Court of Ju

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18

Hofmann, Murad Wilfried. "Muslims as Co-Citizens in the West-Rights, Duties, Limits and Prospects." American Journal of Islam and Society 14, no. 4 (1997): 87–95. http://dx.doi.org/10.35632/ajis.v14i4.2219.

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One major side-effect of the current process of economic and culturalglobalization seems to be that our world is becoming multireligious. Inparticular, this results from the accelerated spread of Islam. There arealready six million Muslims in the United States, virtually all of themAmerican citizens, with an impressive and growing infrastructure. InEurope, due to labor migration, foreign students, war refugees, and asylumseekers, the number of Muslims is around four million in France,perhaps three million in the United Kingdom, and 2.5 million inGermany. Altogether, including Bosnia-Hercegovin

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19

Psychogiopoulou, Evangelia. "Does Compliance with the Jurisprudence of the European Court of Human Rights Improve State Treatment of Migrants and Asylum Seekers? A Critical Appraisal of Aliens’ Rights in Greece." Journal of International Migration and Integration 16, no. 3 (2014): 819–40. http://dx.doi.org/10.1007/s12134-014-0360-6.

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20

Koumoutzis and Papastylianos. "Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace—ECtHR Molla Sali v. Greece, Application No. 20452/14, 19 December 2018." Religions 10, no. 5 (2019): 300. http://dx.doi.org/10.3390/rel10050300.

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The Molla Sali case, recently heard by the ECtHR, concerns the compatibility of the implementation of Sharia in the family and personal relations of the Muslims of Western Thrace, who remained within the boundaries of the Greek State after the exchange of populations under the Treaty of Lausanne, to the ECHR. The applicant, a Greek national of the Muslim minority of Western Thrace, complained that she could not be beneficiary by testament of her deceased husband’s estate, member of the same minority, since, according to the position of the Court of Cassation, due to a series of international a

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21

Molchanov, B. A., and M. V. Novikov. "SUBJECTIVE SIGNS OF THE COMPOSITION OF CRIMES IN THE LAWS OF THE STATES OF MEDIEVAL EUROPE." Proceedings of the Southwest State University 21, no. 3 (2017): 167–75. http://dx.doi.org/10.21869/2223-1560-2017-21-3-167-175.

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The paper discusses formation and development of criminal legislation on the subject and subjective signs of the crime in the countries of medieval Europe within the comparative jurisprudence. The authors note that the level of culture and statehood in any society and its government bodies as a whole depends on the attitude of the society and the state to those who committed unlawful, criminally punishable acts. On the materials of criminal law in the Ancient World and the Middle Ages (Ancient Rome, Ancient Greece, etc.) a strict liability was in law-enforcement practice. New states were forme

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22

Borbor, Dariush. "Iran's Contributions to Human Rights, the Rights of Women and Democracy." Iran and the Caucasus 12, no. 1 (2008): 101–21. http://dx.doi.org/10.1163/157338408x326235.

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AbstractMost scholars generally pre-suppose that the concept of democracy is the exclusive creation of classical Greece and a token of the West to the rest of the world. This concept has originated mainly due to the fact that much of the ancient Iranian history was only known through classical Greek writings before the ever-increasing archaeological finds and decipherments of ancient Near Eastern primary sources, which have shed a very different light on the subject. This paper attempts to alleviate and restore a few of the more vital recurring misunderstandings, misinterpretations and misconc

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23

CASADO CASADO, Lucía. "Discriminación racial y ejercicio del derecho a la instrucción en la jurisprudencia del Tribunal Europeo de Derechos Humanos. El caso de la minoría gitana." RVAP 92, no. 92 (April 30, 2012): 247–91. http://dx.doi.org/10.47623/ivap-rvap.92.2012.07.

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LABURPENA: Lan honetan, lehen-lehenik, hurbilpen orokor bat egingo dugu Giza Eskubideak eta Oinarrizko Askatasunak Babesteko Europako Hitzarmenak jasotzen dituen diskriminazio-debekuaren eta hezkuntzarako eskubidearen eraketari; eta ondoren, arraza-diskriminazioaren debekuak hezkuntzarako eskubidearekin duen lotura aztertuko dugu, Giza Eskubideen Europako Auzitegiaren jurisprudentziaren esparruan. Horretarako, eremu horretako lau epai esanguratsuri helduko diegu: Giza Eskubideak eta beste batzuk Txekiar Errepublikaren aurka kasua, bi epai sortarazi dituena (bata Bigarren Sekzioarena, eta beste

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24

Andersen, Camilla. "International Sales Law: A Critical Analysis of CISG Jurisprudence by Larry A DiMatteo, Lucien Dhooge, Stephanie Greene and Virginia Maurer [CUP, Cambridge, 2005, 241 pp, ISBN 0521849802, (h/bk) £48.00 (US$85.00)]." International and Comparative Law Quarterly 57, no. 4 (2008): 1004–5. http://dx.doi.org/10.1017/s0020589308000699.

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25

VELÁZQUEZ GARDETA, Juan M. "Algunas reflexiones en torno a la sentencia Negrepontis-Giannisis contra Grecia y la jurisprudencia reciente del Tribunal Europeo de Derechos Humanos en materia de reconocimiento de decisiones judiciales extranjeras." RVAP 99-100, no. 99-100 (December 30, 2014): 3027–42. http://dx.doi.org/10.47623/ivap-rvap.99.100.2014.125.

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LABURPENA: Giza Eskubideen Europako Auzitegiaren Negrepontis-Giannisis vs. Grezia epaiak atzerriko erabakiak libre zirkulatzeko bidea zabaldu du, prozesu zuzen bat izateko eskubidetik etorria, Giza Eskubideen Europako Hitzarmeneko 6.1 artikuluan aitortua. GEEAren jurisprudentzia-lerro horren eboluzioa abiatzen da Wagner eta J.M.W.L. vs. Luxenburgo eta McDonald vs. Frantzia erabakiekin, baina guk aipatzen duguna aurrerapausoa handia da, eskubidea ez zaiolako lotzen beste zuzenbide substantibo bati, eta berezko eskubidea dela planteatzen da. Gainera, ohar aipagarriak egiten dira atzerriko epai j

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26

Sotiropoulos, Michalis. "Liberalism, Property, and the Foundations of the Greek State (C.1830–1870)." Modern Intellectual History, August 30, 2019, 1–22. http://dx.doi.org/10.1017/s1479244319000210.

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How does a new state, born by way of revolution, produce its social and political institutions? This article explores this question by looking at the case of Greece after independence from the Ottomans (1830). It focuses on the Greek civil jurists and provides a history of a liberal political program that was manifested in Roman-law jurisprudence. As elsewhere in Europe, so too for jurists in Greece, Roman law was both a consistent method for lawmaking and a powerful political ideology, one that linked private property to personal liberty, and to equality of conditions. As in several other col

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27

Papadopoulos, Nikolaos A. "Austerity-Based Labour Law Reforms in Greece vs Fundamental Rights During the European Debt Crisis. An Evaluation Through the Lens of Supranational and National Bodies’ Jurisprudence." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3276880.

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28

Starrs, D. Bruno, and Sean Maher. "Equal." M/C Journal 11, no. 2 (2008). http://dx.doi.org/10.5204/mcj.31.

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Parity between the sexes, harmony between the religions, balance between the cultural differences: these principles all hinge upon the idealistic concept of all things in our human society being equal. In this issue of M/C Journal the notion of ‘equal’ is reviewed and discussed in terms of both its discourse and its application in real life. Beyond the concept of equal itself, uniting each author’s contribution is acknowledgement of the competing objectives which can promote bias and prejudice. Indeed, it is that prejudice, concomitant to the absence of equal treatment by and for all peoples,

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