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Journal articles on the topic 'The Court of Protection'

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Published: 2 June 2025

Last updated: 31 July 2025

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1

Muraviov, Victor. "UKRAINIAN COURTS AND THE PROTECTION OF HUMAN RIGHTS." Actual Problems of International Relations, no. 128 (2016): 68–75. http://dx.doi.org/10.17721/apmv.2016.128.0.68-75.

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The article is focused on the interaction between the Ukrainian courts of general jurisdiction and the Constitutional Court of Ukraine in the area of the protection of human rights. There is emphasized that their independent functioning does not provide for the efficient protection of individual rights and freedoms and significantly increases the number of the judicial recourses of the Ukrainian citizens to the European Court of Human Rights. Particular attention is paid to the role of the Constitutional Court of Ukraine in the protection of human rights, which combines the functions of the co

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2

KARMAZA, Oleksandra O., Sergiy V. SARANA, Tetyana V. FEDORENKO, Taras O. GURZHII, and Alona V. NEFEDOVA. "The Protection of Civil Rights and Interests in the Court." Journal of Advanced Research in Law and Economics 9, no. 8 (2019): 2622. http://dx.doi.org/10.14505//jarle.v9.8(38).11.

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The creation of an effective mechanism capable of ensuring the secure existence of society, the defense and protection of human rights is one of the priority tasks of reforming the legal system of Ukraine. In the arsenal of state remedies designed to guarantee rights and freedoms of an individual, the legitimate interests of society and the state itself, courts have the leading role. Judicial protection is the most effective means of protecting rights and legitimate interests of civil legal entities in the world-wide practice, the level of judicial protection remains the most important indicat

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3

Martyniuk, O. V., and Y. V. Hotsuliak. "Establishment of the right to judicial protection in Ukraine (IX–XIV centuries)." Uzhhorod National University Herald. Series: Law 1, no. 86 (2025): 45–51. https://doi.org/10.24144/2307-3322.2024.86.1.6.

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The article is devoted to the study of the process of formation of the right to judicial protection on the territory of Ukraine during the 9th–14th centuries. The authors established that during the emergence of statehood on the territory of modern Ukraine, a single and universal court for all social strata did not exist, and the institution of the court was not separated from other public authorities. At the beginning of the XI century through judicial reform, all courts were divided into public (state) and church. Public courts included princely, secular and public courts, while the system o

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Tina Amelia, Nunung Rahmania, and Aftab Haider. "Legal Protection of Personal Data as Listed in Court Decision: A Discourse Renewal." Jurnal IUS Kajian Hukum dan Keadilan 12, no. 3 (2024): 502–16. https://doi.org/10.29303/ius.v12i3.1560.

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This study aims to examine and analyze the actualization of specific personal data protection, especially criminal records in the context of court decisions. In the digital era and advances in information technology, personal data protection is becoming an increasingly important and relevant issue. However, there is a need to better understand how specific personal data protection is realized and implemented in the context of court decisions. For example, the court decision related to divorce. In the case of a divorce that befell an artist, the court decision was published on the court's offic

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Macfarlane, A. B. "The Court of Protection." Medico-Legal Journal 60, no. 1 (1992): 25–43. http://dx.doi.org/10.1177/002581729206000104.

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Ogilvie, Margaret H. "And Then There Was One: Freedom of Religion in Canada – the Incredible Shrinking Concept." Ecclesiastical Law Journal 10, no. 2 (2008): 197–204. http://dx.doi.org/10.1017/s0956618x08001191.

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Defining religion for the purposes of constitutional or human rights protection is a challenge shared by UK and Canadian courts in this era after the enactment of the Human Rights Act 1988 and the Canadian Charter of Rights and Freedoms 1985, respectively: neither defines what is to be protected. Canadian courts have been impressed with this task since 1982 and, unsurprisingly, the Supreme Court of Canada (SCC) has considered the content and scope of section 2(a), the fundamental right to freedom of conscience and religion, on a number of occasions, most recently in Syndicat Northcrest v Amsel

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Van Overstraeten, Tanguy, and Richard Cumbley. "Brace! Brace! Brace! The Wave of Incoming CJEU Decisions." Global Privacy Law Review 3, Issue 4 (2022): 236–42. http://dx.doi.org/10.54648/gplr2022026.

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This article considers the large number of pending decisions on data protection matters in front of the Court of Justice of the European Union (CJEU). The CJEU places great weight on protecting the rights of individuals and has not shied away from decisions that create significant practical difficulties for businesses. Businesses operating in the European Union should therefore brace for significant change ahead. The article also considers the extent to which the courts of the United Kingdom will continue to follow decisions of the CJEU. GDPR, Court of Justice, Brexit, Data Protection, CJEU

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Napitupulu, Brierly. "SUPREME COURT DECISIONS ON PUBLIC INFORMATION AND PERSONAL DATA PROTECTION." Indonesia Private Law Review 3, no. 1 (2022): 25–40. http://dx.doi.org/10.25041/iplr.v3i1.2559.

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The information disclosure issue to the public prompted the Supreme Court to issue a Regulation in the form of a Decision of the Supreme Court concerning Information Disclosure in Courts, which was supplemented by a Decision of the Supreme Court concerning Guidelines for Information Services in Courts. This decision resulted in the existence of the Supreme Court Decision Directory that allows the public free access to a copy of each case's entire decision. Meanwhile, the Criminal Procedure Code limits the distribution of copies of decisions in cases where not everyone can obtain a court decisi

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Ariani, Taufiqoh Bina, I. Ketut Astawa, and Indra Yudha Koswara. "Peran Dan Implementasi Pengadilan Agama Dalam Melindungi Hak-Hak Perempuan Dan Anak Pasca Perceraian Melalui Putusan Pengadilan Agama Sebagai Upaya Pertahanan Ekonomi Keluarga." ARBITER: Jurnal Ilmiah Magister Hukum 6, no. 2 (2024): 331–38. https://doi.org/10.31289/arbiter.v6i2.5170.

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The role and implementation of Religious Courts in protecting the rights of women and children after divorce through religious court decisions as an effort to defend the family's economy. This study aims to understand how religious courts effectively carry out their duties in protecting the rights of women and children and providing economic protection for families after divorce. The research method used in this study is the normative legal research method with a statutory, conceptual, and historical approach. The results of the study indicate that religious courts have a significant role in p

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10

May, Lauren, and Mark Burdon. "Information Protection Management Structures in Australian E-courts." Journal of Theoretical and Applied Electronic Commerce Research 1, no. 3 (2006): 58–67. http://dx.doi.org/10.3390/jtaer1030022.

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This issues paper is concerned with ensuring the integrity of Australia’s e-court processes through the development of information protection standards and protocols. The integrity of the court process is important to the national interest because businesses and citizens depend on the certainty of court decisions, naturally assuming that their information and privacy is protected. This paper is a catalyst for future research leading to the creation of an information protection framework, including policies and standards enabling courts to define the use of courtroom technologies, thus ensuring

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Jahn, Jannika. "Internationaler Klimaschutz mithilfe nationaler Verfas- sungsgerichte? Erkenntnisse aus dem Klimabeschluss des BVerfG." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 1 (2022): 47–72. http://dx.doi.org/10.17104/0044-2348-2022-1-47.

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Domestic Courts as Guarantors of International Climate Protection? Insights from the Climate Decision of the German Federal Constitutional Court The international climate protection regime depends on a willingness of states to cooperate that it cannot guarantee itself. Worldwide, there is a divergence between the need for ecological action and the political will to bring about the necessary changes in the national and international economy. As a result, climate lawsuits in domestic courts aimed at persuading policy-makers to make greater climate protection efforts have increased. Like the Dutc

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Omelchenko, Oleksandr, and Vladislav Rebezyuk. "The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 71–82. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-6.

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This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An i

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Denysyuk, Stanislav, Nataliia Yuzikova, Olena Pochanska, and Inna Volska. "International experience in Keeping Public Order in Courts: what prospect for implementation under Ukrainian Law?" Revista do Curso de Direito do UNIFOR 12, no. 1 (2021): 180–89. http://dx.doi.org/10.24862/rcdu.v12i1.1441.

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This article articulates that there is the need to abridge the situation of international experience in protecting and keeping public order in courts and also in ensuring the possibilities of its application in Ukraine. In order for us to have a concrete understanding of this concepts, it has been concluded that there is currently any world practice of the most effective and universal mechanism for ensuring and keeping public order in courts. This activity in most countries is usually entrusted to several services or law enforcement agencies. The experience of protecting and keeping public ord

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Guastaferro, Barbara. "The unexpectedly talkative ‘dumb son’: the Italian Constitutional Court’s dialogue with the European Court of Justice in protecting temporary workers’ rights in the public education sector." European Constitutional Law Review 13, no. 3 (2017): 493–524. http://dx.doi.org/10.1017/s1574019617000220.

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Judicial cooperation – Italian Constitutional Court – National Constitutional Courts’ attitude towards preliminary reference to the European Court of Justice – First and second preliminary reference of the Italian Constitutional Court inindirectproceedings – Constitutional review of national legislation inconsistent with EU law – Relationship between EU law and constitutional concerns – Added value of Constitutional Courts in protecting constitutional identity – Multilevel protection of fundamental rights – EU Framework agreement on fixed-term work and European Court of Justice case law – Ital

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15

Lailam, Tanto, and M. Lutfi Chakim. "A PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 2 (2023): 148–71. http://dx.doi.org/10.22304/pjih.v10n2.a1.

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The study aims to propose an adoption to concrete judicial review in Indonesian Constitutional Court based on the experiences of the German Federal Constitutional Court. It was motivated by the weak protection of citizen’s constitutional rights in ordinary court; and the absence of concrete judicial review authority at the Indonesian Constitutional Court. This study used doctrinal legal research method with legal documents or regulations, cases, and comparative analyses. This concrete review confirms the role of judges of ordinary courts in proceeding with the constitutional system, especially

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Carrigan, Martin D. "The Patient Protection And Affordable Care Act Of 2010: Constitutional?" American Journal of Health Sciences (AJHS) 3, no. 1 (2011): 75–82. http://dx.doi.org/10.19030/ajhs.v3i1.6756.

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After decades of debates and policy discussions, in early 2010, the Obama Administration, with the Democrat party controlling both the House and the Senate, passed a National Health Insurance Act. The Patient Protection and Affordability Act was immediately challenged in court. One district court in Florida declared it unconstitutional. Two other district courts and an appellate court declared it constitutional. This paper looks at the Act and those issues.

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Orizaga Inzunza, Isabel Anayanssi. "Femicides: Different Approaches from the Regional Protection of Human Rights." Mexican Law Review 14, no. 1 (2021): 53. http://dx.doi.org/10.22201/iij.24485306e.2021.1.16092.

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Since the adoption of the term femicide for gender-based killings of women, the theoretical development and transition of this definition to a legal concept has contributed to the acknowledgment of this phenomenon as the most extreme manifestation of violence against women. In the international sphere, the regional systems of protection of human rights appear as fertile soil for victims of femicide to claim protection. Consequently, the European Court, Inter-American, and the ECOWAS Court of human rights play an important role in the investigation, prosecution, and reparation of femicide in th

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18

Flogaitis, Spyridon, and Andreas Pottakis. "Judicial Protection Under the Constitution." European Constitutional Law Review 1, no. 1 (2004): 108–11. http://dx.doi.org/10.1017/s1574019605001082.

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The challenges for the system of judicial protection of the EU spring from two main developments: first, the enlargement of the EU, which inevitably affects all institutions of the Union, most notably their organisational structure and modus operandi, second, the deepening and widening of the areas falling within the scope of competences of the EU. Article I-28 Draft Constitution states that the Court of Justice of the EU shall include the ECJ, the High Court and specialised courts. These courts, together with the national courts of all levels, constitute the intricate nexus offering judicial

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19

Rostovskaya, K. V. "Current issues of selecting and applying effective remedies for the protection of violated rights in administrative proceedings in Ukraine." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 694–98. https://doi.org/10.24144/2788-6018.2025.02.103.

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The article addresses current issues related to the selection and application of effective remedies for protecting violated rights in administrative proceedings in Ukraine. It highlights that one of the key mechanisms for protecting individuals’ rights in cases of challenging decisions, actions, or inactions of public authorities is administrative justice. The article emphasizes that administrative courts, in fulfilling their functions and administering justice based on the rule of law, assess the legality of such decisions, actions, or inactions of public authorities. At the same time, the im

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20

Castro Souza, Cássio Bruno. "Transnational judicial dialogue and worker protection in the gig economy." Revista Chilena de Derecho del Trabajo y de la Seguridad Social 14, no. 28 (2023): 1–32. http://dx.doi.org/10.5354/0719-7551.2023.64956.

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Can transnational judicial dialogue be an efficient mechanism to protect workers’ labor rights in the gig economy? As long as digital platforms operate transnationally, the negative externalities generated by them —especially regarding compliance with labor regulatory standards— become common problems in the countries of a given region. The aim of the research is to answer this problem, and in order to do so a broad literature review and a study of the cases Uber Technologies Inc. v. Heller, Dynamex Operations West, Inc. v. Superior Court and case Uber B.V. and others v Aslam and others, judge

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21

Podolska, Anna. "Between Informal Dialogue and Official Criticism." International Community Law Review 21, no. 5 (2019): 409–20. http://dx.doi.org/10.1163/18719732-12341410.

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Abstract There are various forms of jurisdictional dialogue. In addition to drawing from the case law of another court or seeking direct assistance of such another court in passing the judgment, we can notice in practice situations when by issuing a verdict the courts are communicating with each other. The rulings of the Bundesverfassungsgericht, the Court of Justice of the European Union, and the European Court of Human Rights regarding the free movement of judgments in the European Union and protection of fundamental rights are the example of such activities. Each of these bodies was interpr

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22

Reichenthaler, Michael Johannes. "Das Kartellgericht der Weimarer Republik: eine Institution zwischen Verwaltungsgericht, Zivilgericht und Verwaltungsbehörde und seine Bedeutung für den verwaltungsgerichtlichen Rechtsschutz." Miscellanea Historico-Iuridica 22, no. 1 (2023): 119–47. http://dx.doi.org/10.15290/mhi.2023.22.01.06.

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This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitu

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Brammer, Alison. "Inside the Court of Protection." Journal of Adult Protection 14, no. 6 (2012): 297–301. http://dx.doi.org/10.1108/14668201211286822.

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LONG, JANICE. "Court overturns fetal protection policies." Chemical & Engineering News 69, no. 12 (1991): 5–6. http://dx.doi.org/10.1021/cen-v069n012.p005a.

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O'Sullivan, M. "Court of protection: Costs Update." Trusts & Trustees 19, no. 8 (2013): 831–42. http://dx.doi.org/10.1093/tandt/ttt150.

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Shtefan, Olena. "Judicial protection of trademarks in Italy." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 67–78. http://dx.doi.org/10.33731/42022.265864.

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Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also c

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Vinogradova, Elena V. "Formation of the legal status of the arbitration court in the jurisdictional system of the Russian Federation." Gosudarstvo i pravo, no. 1 (2022): 83. http://dx.doi.org/10.31857/s102694520018275-3.

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The article contains a theoretical analysis of the doctrinal and legislative foundations of arbitration proceedings in the Russian Federation, as well as the legal status of the arbitration court in the system of protection of violated or disputed civil rights. The authors begin their research with a description of the existing methods of protecting rights. The arbitration court is referred by the legislator to the number of subjects exercising legal protection and is actually equated in its legal status with state courts. Despite the indisputable private law nature of the arbitration court, i

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Sujayadi, Sujayadi, Tata Wijayanta, and Herliana. "Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System." Yuridika 38, no. 2 (2023): 305–32. http://dx.doi.org/10.20473/ydk.v38i2.43835.

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It is necessary to facilitate an easy access to the courts to protect weaker parties. This can be achieved by regulating the personal jurisdiction of the court, so that weaker parties can easily access the courts. In Indonesian civil justice system, some regulations have been implemented to protect weaker parties through the jurisdiction of the courts. This article will elaborate those regulations and their obstacles in protecting the access of consumers, workers, women and children, and foreigners to the Indonesian courts. Statutory approach with reference to the general principles of the cou

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Packer, Cathy, and Karla K. Gower. "The Persistent Problem of Media Taxation: First Amendment Protection in the 1990S." Journalism & Mass Communication Quarterly 74, no. 3 (1997): 579–90. http://dx.doi.org/10.1177/107769909707400311.

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This article examines U.S. Supreme Court decisions regarding the constitutionality of taxation of the mass media. It concludes that the Court's 1991 decision in Leathers v. Medlock does not represent a substantial change in the law governing taxation of the media but is one step in the evolution of two distinct lines of media taxation cases. The article also examines how the lower courts have applied Leathers in the six years since it was decided. The lower court decisions uniformly - although not explicitly - recognize the two lines. What is needed now is explicit recognition by both the Supr

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Abrisketa Uriarte, Joana. "Inmunidad de jurisdicción y derechos humanos: dos astillas no hacen fuego." REVISTA ELECTRÓNICA DE ESTUDIOS INTERNACIONALES 43, Junio 2022 (2022): 1–29. http://dx.doi.org/10.17103/reei.43.05.

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During 2021, two domestic courts – the District Court of South Korea and the Brazilian Supreme Court– ruled on two cases related to States’ immunity from jurisdiction and the violation of human rights. Both courts decided that immunity was not applicable due to the fact that the acts covered by the dispute were affected by violations of human rights. In both cases the courts appealed to their constitutional norm and to the evolution of international practice in order to put protection of human rights before the principle of sovereign immunity of the States. While the District Court of South Ko

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Minchenko, Nataliia. "Protection of trademark property rights in pharmaceuticals. Analysis of judicial practice." Theory and Practice of Intellectual Property, no. 6 (February 27, 2023): 56–63. http://dx.doi.org/10.33731/62022.274635.

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Keywords: trademarks in the pharmaceutical industry, trademarks ownershipviolations, trademarks protection, case law, trademarks protection cases, invalidationof the trade mark certificate, early termination of the certificate The relevance of this article is that the largest number of legal disputes in the sphere of intellectual property are disputes concerning violation of property rights for trademarks. At the same time, in economicproceedings, part of the court cases on the protection of trademark rights in the pharmaceutical industry represents about 40% of the total number of court

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Shabalin, Andriy. "Application by the court of an effective method of protection, which is not established by law or contract: some civil-procedural issues." Theory and Practice of Intellectual Property, no. 4-5 (October 25, 2023): 73–79. http://dx.doi.org/10.33731/4-52023.289801.

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The article deals with civil procedural issues related to the application of an effective method of protection by the court, if the law or contract does not establish such a method of protection of the violated, unrecognized or contested right, freedom or interest of the person who appealed to the court. court. The main theoretical provisions regarding the application of an effective way of protecting the violated right by the court have been studied, the civil procedural legislation and relevant judicial practice have been analyzed. It is noted that the procedure for determining the method of

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Warbrick, Colin, and Dominic McGoldrick. "I. Diplomatic Representations and Diplomatic Protection." International and Comparative Law Quarterly 51, no. 3 (2002): 723–33. http://dx.doi.org/10.1093/iclq/51.3.723.

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The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities.1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right.2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a le

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Je, Cheolung. "How to Improve the Function of State Parent and Problem-Solving by Family Court: Focused on so-called Protective Cases." Korean Society Of Family Law 36, no. 3 (2022): 59–100. http://dx.doi.org/10.31998/ksfl.2022.36.3.59.

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In the 21{st} century, juvenile crimes, delinquencies, and domestic violences have much more attracted social attention, which cannot be separated from the changed social environment, where, on the one hand, the traditional ‘head of family’ system not only as a social entity, but also as a legal system has eventually been abolished in 2005, and where, on the other hand, the conflict between traditional and new value system has arisen as the ideology of democracy, equality, and respect to human rights has rapidly entered the Korean society since the end of 20ᵗʰ century. In other words, the trad

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Davenport, Spencer. "Resolving ALJ Removal Protections Problem Following Lucia." University of Michigan Journal of Law Reform, no. 53.3 (2020): 693. http://dx.doi.org/10.36646/mjlr.53.3.resolving.

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When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officer

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Buzova, N. V., and M. M. Karelina. "Features of Copyright and Related Rights Defense on the Internet: Scientific Discussion at a Seminar in the First Court of Appeal." Rossijskoe pravosudie 7 (June 26, 2020): 94–100. http://dx.doi.org/10.37399/issn2072-909x.2020.7.94-100.

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The final stage of the judicial reform was the creation of new cassation and appeal courts in the system of courts of general jurisdiction that provide additional guarantees for the effective judicial protection of citizens. Russian legislation establishes a mechanism for the protection of infringed copyright and related rights on the Internet. Such a mechanism provides for the imposition of interim measures by the Moscow City Court and the termination by Roskomnadzor of access to the site or page of the site on the Internet, on which information is posted in violation of copyright and related

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Shaibakova, Kamila Danilovna. "Transformation of the European arrest warrant in light of protection of the rights of extradited individuals." Право и политика, no. 4 (April 2020): 42–48. http://dx.doi.org/10.7256/2454-0706.2020.4.32293.

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The subject of this research is the norms of international legal acts, legislations of the EU member-states, decisions of foreign national courts, as well as decisions of the European Court on Human Rights and European Court of Justice. A hypothesis is advanced that within the framework of the European arrest warrant there are new trends associated namely with the desire to strengthen the system of protection of rights of the extradited individuals, which can negatively affect functionality of the procedure as a whole. Thus, a number of cases of the national courts (for example Artur Celmer ca

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Kurtishi, Emir. "The Constitutional Court of the Federal Republic of Germany." SEEU Review 15, no. 2 (2020): 143–55. http://dx.doi.org/10.2478/seeur-2020-0023.

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Abstract Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be mad

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Medović, Vladimir. "Judicial protection in the law of the European Union." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 205–13. http://dx.doi.org/10.5937/gakv0005205m.

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The rule of law is one of the basic principles upon which the European Union is founded. According to the Court of Justice this principle assumes that neither the institutions of the Union nor its Member States can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty. With that respect the Treaty established a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions. The Judicial system of the European Communities, as

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Višinskytė, Dalia, Remigijus Jokubauskas, and Mykolas Kirkutis. "Arbitration Agreements and Protection of the Right to a Fair Trial." Baltic Journal of Law & Politics 13, no. 2 (2020): 159–80. http://dx.doi.org/10.2478/bjlp-2020-0015.

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Abstract Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means tha

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Mansyah, Muh Sutri, Kaswandi, Hasirudin Hasri, et al. "Data Protection for Sexual Violence Victims in the Court Case Tracking Information System." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 11, no. 1 (2024): 47–57. https://doi.org/10.24252/jurisprudentie.v11i1.46451.

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The Case Tracking Information System is a system established by the Supreme Court which functions to track a case. However, in reality, it has been found that sensitive information regarding victims of sexual violence, such as names that should be kept confidential, is disclosed. The purpose of this research is to examine and evaluate the case tracking information system regarding data on child victims and to develop an ideal model for protecting the data of victims of sexual violence within the case tracking information system. The research method used is normative juridical research with a c

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Frey, Robert, and Elżbieta Małecka. "Właściwość rzeczowa Sądu Ochrony Konkurencji i Konsumentów w świetle art. 32 Konstytucji Rzeczypospolitej Polskiej." Przegląd Prawa Konstytucyjnego 68, no. 4 (2022): 241–52. http://dx.doi.org/10.15804/ppk.2022.04.19.

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The goal of the paper is to present the material jurisdiction of the Court of Competition and Consumer Protection in light of the constitutional principle of entity equality. The regulations of Art. 32 of the Constitution of the Republic of Poland include the principle of equality, which also covers entrepreneurs. In Poland, in addition to administrative courts that control the legality of administrative decisions, there is also the Court of Competition and Consumer Protection, which hears cases concerning administrative decisions from a material perspective. The analysis of the regulations in

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Kratochvíl, Jan. "Subsidiarity of Human Rights in Practice: The relationship between the Constitutional Court and Lower Courts in Czechia." Netherlands Quarterly of Human Rights 37, no. 1 (2019): 69–84. http://dx.doi.org/10.1177/0924051918820987.

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The principle of subsidiarity is viewed as the cornerstone of the protection of human rights. Internationally, it is primarily the responsibility of states to ensure that human rights are respected and protected on a domestic level and any international protection mechanism is only supplementary. At the domestic level, apex courts in a country also provide only subsidiary protection of human rights, which must first and foremost be protected by lower level courts. Subsidiarity has two facets: the obligation of lower courts to directly apply human rights and the corresponding deference of highe

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Ferdinandus, Pile Tukan Maruli Tade Stefanus Don Rade. "Tinjauan Yuridis Terhadap Transaksi Perbankan Melalui Internet Banking di Indonesia." Madani: Jurnal Ilmiah Multidisiplin 1, no. 6 (2023): 713–24. https://doi.org/10.5281/zenodo.8146589.

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This study aims at providing a juridical review of banking transactions through internet banking in Indonesia. The type of research conducted is normative juridical research. The nature of the research in this study is descriptive analytical. The type of data used inthis research is library research. Based on the results of the study, it was found that the settlement of legal protection disputes against bank transactions (customers) using internet banking services provided by the bank in terms of technology security was maximal and also fulfilled the aspects of confidentiality, integrity, auth

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Silbergeld, Arthur F., and Stephanie T. Sasaki. "Key Court Cases: The supreme court severely limits ADA protection." Employment Relations Today 26, no. 3 (1999): 115–25. http://dx.doi.org/10.1002/ert.3910260311.

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Nijboer, J. F. "Protection of Victims in Rape and Sexual Abuse Cases in the Netherlands." Israel Law Review 31, no. 1-3 (1997): 300–336. http://dx.doi.org/10.1017/s0021223700015326.

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In general, the Dutch codification of Criminal law is constructed on the basic divisions that can be found in most Civil Law jurisdictions. The substantive law and the procedure are regulated in two separate Codes: the Penal Code (Wetboek van Strafrecht) and the Code of Criminal Procedure (Wetboek van Strafvordering). The present Penal Code came into force in 1886; the present Code of Criminal Procedure in 1926. Both Codes have been reformed often, but their basic features have been preserved.The Code of Criminal Procedure regulates the due course of the procedure as a chronological sequence o

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Ohoiwutun, Y. A. Triana, Evoryo Carel Prabhata, and Pyali Chatterjee. "Forensic Approach to Optimise Children’s Right to Opinion in Indonesian Courts." Lentera Hukum 10, no. 1 (2023): 45. http://dx.doi.org/10.19184/ejlh.v10i1.37495.

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Various attempts to accommodate a child's opinion in courts have proven successful, and this participation has been increasingly regarded as integral to children's rights. However, the issue remains problematic, particularly in the Global South countries like Indonesia. This paper examines the legal and regulatory framework of protecting children in Indonesia to comply with children's right to opinion and how this right is implemented. Then, it demonstrates the significant role of forensic science in complementing legal inquiry to consider a child's opinion in court. Using policy-oriented stud

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Savchyn, Mykhailo. "Competition and Dialogue of Judicial Jurisdictions in the Light of the Rule of Law." Slovo of the National School of Judges of Ukraine, no. 4(45) (February 19, 2024): 19–35. http://dx.doi.org/10.37566/2707-6849-2023-4(45)-2.

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Through the prism of the rule of law doctrine, the article analyzes the reasons for the divergent interpretation of human rights standards in a situation where national mechanisms do not comply with foreign and international practices of human rights protection. It is concluded that this causes a dialogue between judicial jurisdictions, or there is competition between judicial jurisdictions when national mechanisms for the protection of human rights are better, or the use of human rights guarantees threatens the foundations of constitutional democracy and the protection of human rights. Judici

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Mujuzi, Jamil Ddamulira. "Seychellois courts and the protection of the right to equal protection of the law." International Journal of Discrimination and the Law 18, no. 4 (2018): 237–58. http://dx.doi.org/10.1177/1358229118810107.

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Unlike the constitutions of other African countries such as Uganda, South Africa, Kenya, Mauritius, Zimbabwe and Namibia which expressly provide for grounds on which a person may not be discriminated against, the Constitution of Seychelles, although prohibits discrimination, does not provide for grounds on which a person may not be discriminate against. Article 27 of the Constitution of Seychelles provides for the right to equal protection of the law. In this article, the author analyses the jurisprudence of the Supreme Court and the Court of Appeal of Seychelles to illustrate how these courts

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Daniel, Cristea. "Protection of the personal data of witnesses and injured parties during court sessions." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3 (June 2023): 230–38. http://dx.doi.org/10.59295/sum3(163)2023_28.

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In the Republic of Moldova and Romania, the protection of personal data of injured parties and witnesses must be understood and viewed as a unitary whole in the support given to them. Courts must adopt clear rules and regulations regarding both the confidentiality and the protection of personal data of injured parties and witnesses. The new General Data Protection Regulation and the Directive provide an up-to-date legal framework based on the responsibility for data protection.It aims to create a unitary framework for the protection of personal data, and of injured parties and witnesses, durin

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