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1
Arai-Takahashi, Yutaka. The margin of appreciation doctrine and the principle of proportionality in the jurisprudence of the ECHR. Antwerp: Intersentia, 2002.
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2
Office, General Accounting. Foreign affairs: Internally displaced persons lack effective protection : report to the Chairman and the ranking minorty member, Committee on Foreign Relations, U.S. Senate. Washington, D.C: The Office, 2001.
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3
Goremykin, Sergey. Relay protection and automation of electric power systems. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1048841.
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The textbook describes the main issues of the theory of relay protection and automation of electric power systems. The structure and functional purpose of protection devices and automation of power transmission lines of various configurations, synchronous generators, power transformers, electric motors and individual electrical installations are considered. For each of the types of protection of the above objects, the structure, the principle of operation, the order of selection of settings are given, the advantages and disadvantages are evaluated, indicating the scope of application. The manual includes material on complete devices based on semiconductor and microprocessor element bases. The progressive use of such devices (protection of the third and fourth generations) is appropriate and effective due to their significant advantages. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is intended for students in the areas of training 13.03.02 "Electric power and electrical engineering" (profile "Power supply", discipline "Relay protection and automation of electric power systems") and 35.03.06 "Agroengineering" (profile "Power supply and electrical equipment of agricultural enterprises", discipline "Relay protection of electrical equipment of agricultural objects"), as well as for graduate students and specialists engaged in the field of electrification and automation of industrial and agrotechnical objects.
4
Dergunova, Viktoriya, and Anastasiya Prokopova. Analysis of legal regulation and judicial practice of resolving disputes between parents about children. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1218051.
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The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protection of children of 1996.The relations that develop between the child and parents, the child and the court, parents and the court, as well as parents as parties to the process are analyzed. The central place is occupied by the study of the content of the concept of the best interests of the child as a guarantee of the protection of his rights and the vector of development of the current legislation. The cases of abuse of parental rights and improper performance (or non-performance) of parental duties, illustrated by current judicial practice, are considered. The analysis is presented: measures of family legal responsibility, including restriction and deprivation of parental rights in connection with non-execution of a court decision on the upbringing of a child; features of the application of principle 6 of the Declaration of the Rights of the Child in resolving disputes about the place of residence of children; the possibility of taking interim measures in disputes between parents about upbringing; the ratio of legal and psychological categories in child-parent relations in order to apply special knowledge; the procedure for conducting forensic examinations in these categories of cases. Finally, the possibilities of out-of-court settlement of some family disputes, including through mediation, are investigated.
For a wide range of readers interested in the rights of the child. It will be useful for students, postgraduates and teachers of law schools.
5
Drake, Sara C. The principle of effective judicial protection in actions for breach of community law before the national courts. 2000.
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6
Hatje, Armin, and Peter-Christian Müller-Graff, eds. XXIX. FIDE-Kongress. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748926061.
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This volume brings together the German national reports on the topics of the XXIX FIDE Congress. They deal with three current Union law issue areas: The role of national courts in the enforcement of Union law (application between private parties, primacy of application, principle of mutual recognition, judicial independence, effective judicial protection, duty of referral to the ECJ); the new EU data protection regime (the national concretisation of responsibilities, rights and enforcement as well as data processing for national security purposes); the digital economy as a challenge for EU competition law (antitrust relevance, market definition and market power, anti-competitive behaviour, ex-post enforcement and ex-ante regulation).
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Effective Judicial Protection And the Environmental Impact Assessment Directive in Ireland. Hart Pub, 2008.
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8
Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.
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This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.
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Pierre, d’Argent, and de Ghellinck Isabelle. Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0036.
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Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.
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Capaldo, Giuliana Ziccardi. Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0001.
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This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the statute of limitations. The Italian Supreme Court failed to apply this principle of global constitutional law. Nor did the ECtHR implement effective remedies against impunity. The author proposes reopening time-barred criminal proceedings as a useful tool against impunity to give full effect to ECtHR jurisprudence supporting the generally recognized principle of the non-applicability of statutory limitations to crimes against humanity.She stresses the need to enhance the effectiveness of the supervisory role of the ECtHR in ensuring the observance of jus cogens human rights principles—of which the ECHR “forms part”—through a unitary approach of courts to the fight against impunity based on an evolutionary interpretation of the Convention, which would provide more effective and integrated protection of such rights.
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Sweet, Alec Stone, Clare Ryan, and Eric Palmer. A Kantian System of Constitutional Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0003.
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This chapter develops an account of a Kantian system of constitutional justice based on a series of interlocking claims: (i) that the People have placed their freedom in trust, in the form of a charter of rights; (ii) that rights provisions instantiate the foundations on which the external freedom of all persons may be constructed; (iii) that public officials are under a duty to make and enforce law in ways that fulfill the rights of persons that come under their authority; (iv) that an omnilateral trustee, a constitutional court, supervises the lawmaking activities of officials, through the enforcement of the Universal Principle of Right (UPR); and (v) that the UPR, as operationalized through the proportionality principle, lays down the basic criterion for the legitimacy of all positive law. Insofar as these structural features combine to render rights protection more effective, they will also maximize a polity’s capacity to achieve a Rightful condition.
12
Garcia, Gabriel Pereira. O habeas corpus como instrumento de tutela dos direitos da personalidade. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-179-0.
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This monograph analyzes the legal institute of habeas corpus in the Brazilian civil process, in particular, to survey and validate the hypotheses in which the writ procedure can be used in the protection of the rights of the personality, understood here as those powers that guarantee the safety physical, moral and intellectual of the human person. It identifies the damages resulting from the affront to the rights of the personality as well as the legal instruments suitable for the effective judicial provision. It analyzes the appropriateness and adequacy of the habeas corpus legal instrument for the protection of the essential and basic aspects of people, their dignity and personality as fundamental attributes, to providing greater effectiveness and speed in judicial protection in exceptional situations that demand the satisfaction of the law material urgently. Indirectly, the problem of slowness and lack of effective in procedural protection is faced here, presenting habeas corpus as a viable solution in those cases of risk and harm to the person.
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Frid, Christopher L. J., and Bryony A. Caswell. Regulation, monitoring and management. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198726289.003.0007.
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Pollution is detrimental by definition, but cheap waste disposal provides economic benefits to society. A balance is needed between protection of the environment and the level of acceptable change. Laws and regulations set out those levels and then science must monitor the environment to ensure that levels of change remain in the acceptable boundaries. Designing and implementing monitoring programmes is difficult in the marine environment as data collection is expensive and the systems are naturally highly variable, making data ‘noisy’. One of the most widely accepted axioms in international environmental protection is the polluter-pays principle. This extends to the cost of clean-up from accidental releases but also the cost of regular treatment and monitoring of the effects of routine, operational, discharges. However, as there will always remain an economic incentive to cut costs by cutting treatment, pollution regulation measures require the back-up of effective enforcement.
14
Park, Ki-Gab. Law on Natural Disasters. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0009.
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The chapter argues that natural disasters are common concerns in the international community. At the same time, the current international cooperation mechanism, based on the principle of equal sovereignty, require prior consent by the state affected by a natural disaster. Unfortunately, this is not always an efficient tool for the protection of victims. The globalization of problems and the proliferation of humanitarian crises make the veritable solidarity of the international community increasingly necessary, and therefore another high value, namely international solidarity or community obligations, should create direct and immediate obligations for all members of the international community. The main object of this chapter is to discuss the future-oriented direction of the law on natural disasters. This means, first, to ascertain the lex lata, especially customary rules. The chapter further offers some suggestions on possible ways for the international community to provide more effective relief for victims of natural disasters.
15
Stone Sweet, Alec, and Jud Mathews. Proportionality Balancing and Constitutional Governance. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841395.001.0001.
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This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.
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Knopp, Lothar, ed. Effektives Rechtsschutzgebot - deutsche Verwaltungsgerichtsbarkeit quo vadis? Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845298337.
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The stipulation of effective legal protection anchored in Germany’s Basic Law seems to have mutated into a pure chimera, especially in the country’s administrative courts. In stipulating appropriately long court procedures, the Basic Law often confronts legal protection seekers with excessively long proceedings, sometimes without the prospect of a timely judicial decision. This publication is dedicated to this subject, while at the same time showing the causes of and legal remedies for excessively long procedures. The focus of the examination lies on Brandenburg. In addition to addressing the theoretical foundations of effective legal protection in this regard, the study lists practical examples that unambiguously substantiate any violation of the stipulation for effective legal protection. In addition to presenting case developments from the administrative courts, the author not only discusses an example of a criminal justice case, but also makes a comparison between the situation in Germany in this respect and Polish law. With contributions by Prof. Dr. Dr. h.c. Lothar Knopp, Ass. iur. Louisa Linke, Ass. iur. Simone Herzberg/ Direktor am ZfRV Wolfgang Schröder, Mgr. Diana Stypula, LL.M.
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Moreno-Lax, Violeta. Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory). Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0010.
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The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.
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Einstein, Andrew J. Radiation Considerations. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199392094.003.0034.
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Radiation considerations are an integral part of the practice of nuclear cardiac imaging. Concern regarding radiation has increased in recent years, reflected in statements by many professional societies, and likely attributable both to rapid growth in use of nuclear cardiology as well as high doses received by some nuclear cardiology patients. The fundamental principles of medical radiological protection are justification (ensuring that the right test is performed for the right patient at the right time), optimization (ensuring that the test is performed in the right manner), and dose limitation, which while applicable to healthcare workers is not operative regarding patients. Three "As" facilitate and serve as an organizing principle for justification: awareness, appropriateness, and audit. Awareness incorporates knowledge of the benefits and risks of testing involving radiation and effective communication of these to the patient. Appropriateness in nuclear cardiology can be assessed using the American College of Cardiology's appropriateness criteria. Methods that have been demonstrated to improve appropriateness include using a collaborative learning model, a point-of-order decision support tool, and a multifaceted intervention including threatened loss of insurance coverage. A variety of strategies should be considered for optimization to ensure patient-centered imaging. These including strategic selection of both the protocol, e.g. selecting a stress-first protocol and performing stress-only imaging in patients without a high pre-test probability of abnormal findings on stress imaging, or using PET, and also the administered activity, e.g. by using weight-based dosing and/or software- or hardware-based advances in camera technology. Special considerations are required for pregnant, nursing, and pediatric patients.
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Moreno-Lax, Violeta. Accessing Asylum in Europe. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.001.0001.
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This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.