Academic literature on the topic 'The protection of property right in the European Convention on Human Rights'
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Journal articles on the topic "The protection of property right in the European Convention on Human Rights"
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Ristik, Jelena. "Right To Property: From Magna Carta To The European Convention On Human Rights." SEEU Review 11, no. 1 (December 1, 2015): 145–58. http://dx.doi.org/10.1515/seeur-2015-0018.
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Abstract Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well.
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Mihelčić, Gabrijela, and Maša Marochini Zrinski. "Suživot negatorijske zaštite od imisija i prava na život u zdravoj životnoj sredini." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 241–68. http://dx.doi.org/10.30925/zpfsr.39.1.8.
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The authors analyse the national protection from emissions, in the first place, a property law component of this regime. Domestic regulation of the protection of property rights from harassment was brought in the perspective of the protection that the European Court of Human Rights provides for the right to live in a healthy environment, primarily through the protection of rights under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private and family life and home). In the context of the latter, the authors have analysed the interpretative methods used by the European Court and explored the following features: the requirement that environmental and environmental impacts and disturbances violate the Convention right, that is, the existence of a specific Convention causal link; the category of minimum level of severity; oscillation of the "quantum" of minimum level of severity within conventional "fluctuations"; and the scope (and type) of protecting the right to live in a healthy environment through the paradigm of the positive / negative obligations of the Contracting States.
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Cioclei, Valerian. "Proprietatea în dreptul penal roman. Mijloace de protecție, noțiune și obiect." Analele Universitării din București Drept 2019 (March 26, 2020): 66–71. http://dx.doi.org/10.31178/aubd.2019.07.
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The property right is guaranteed by the Romanian Constitution and by the international conventions, especially by the European Convention of Human Rights. Concretely, the Civil Code protects the property right. In a subsidiary manner, after the constitutional, conventional and civil law, the criminal law also ensures the protection of property. This brief article will reveal the means in which such protection is ensured within the Romanian Criminal Code, as well as the concept and the object of such criminal protection.
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Allegranti, Ivan. "‘The Right to Remain and Produce in your Homeland’ in Light of Article 8 of the European Convention on Human Rights, The European Court of Human Rights Case Law and the Italian Constitution." Athens Journal of Law 8, no. 3 (June 30, 2022): 349–60. http://dx.doi.org/10.30958/ajl.8-3-7.
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The multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights
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Ergec, Rusen. "Taxation and Property Rights under the European Convention on Human Rights." Intertax 39, Issue 1 (January 1, 2011): 2–11. http://dx.doi.org/10.54648/taxi2011001.
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Article 1 of Protocol 1 to the European Convention on Human Rights (ECHR) guarantees to every natural or legal person the right to peaceful enjoyment of his possessions. Taxation and enforcement measures relating thereto are considered by the European Court of Human Rights as an interference with the right to property as set out in the preceding provision. The Court has, accordingly, developed a case law reviewing the compatibility of such measures with, among others, the requirements of legality and proportionality. Although the Court grants a wide margin of appreciation to states as to taxation rate, procedural enforcement rules might come under close scrutiny. Other safeguards laid down in the Convention, such as the prohibition of discrimination, might foster the rule of law in issues of taxation. The study purports to underline the often underestimated potentialities of the protection afforded by the European Convention to taxpayers.
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Güvenir, Derya. "Minority Shareholders’ Right to Request the Postponement of General Meetings of Joint Stock Companies in Turkish Law." Athens Journal of Law 8, no. 3 (June 30, 2022): 329–48. http://dx.doi.org/10.30958/ajl.8-3-6.
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The multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights
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Loghinescu, Petru. "Guarantees in case of deprivation of property under the law of the European Convention on Human Rights." Journal of the National Institute of Justice, no. 4(63) (December 2022): 51–55. http://dx.doi.org/10.52277/1857-2405.2022.4(63).09.
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From the content of the property right, the guarantees of protection against arbitrary or disproportionate forms of interference in the exercise of this fundamental right of the person result. Such interference may take the form of deprivation or limitation of rights. Every individual has the right to own property and to use the goods in his possession. Depriving the person of his property can only take place in the case of the existence of a public necessity. If these circumstances occur, the state is obliged to ensure fair compensation. Both governments and others are prohibited from assigning property without justification. In this article, we propose to analyze the relevant provisions of the European Convention on Human Rights, as well as the general principles established by the European Court of Human Rights in cases where deprivation of property is invoked.
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Šarkinović, Hamdija. "Ustavno i konvencijsko jemstvo prava svojine." Zbornik radova Pravnog fakulteta u Splitu 56, no. 2 (May 14, 2019): 443–67. http://dx.doi.org/10.31141/zrpfs.2019.56.132.443.
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The paper deals with property, which is guaranteed by Article 58 of the Constitution of Montenegro and Article 1 of Protocol No.1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The constitutional-law concept of the right to property in Montenegro is broader than the traditional civil law concept, as it includes all real rights, as the European Court under the notion of property, in addition to the usual, includes all acquired rights of a person. The autonomous concept of property and possessions within the meaning of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms was separately covered, consisting of three rules: principle of peaceful enjoyment of possessions, deprivation of possessions, and control of the use of property. The application of the text of justification of interference with property in the case law of the European Court is explained, which includes the text of legality, the text of a legitimate aim in the general or public interest and the text of proportionality. However, the case law of the ordinary courts in the field of guarantees of property rights, constitutional and convention’s is not harmonized with the case law of the European Court of Human Rights and represents one of the main tasks of the Constitutional Court in the coming period. The Constitutional Court of Montenegro follows the concept of property enshrined in the Constitution and gives the property meaning as the constitutional and convention human right guaranteed by the Constitution, and its inviolability as one of the fundamental values of the constitutional order, although the case law of the Constitutional Court has not fully and always been coherent with the aforementioned principles.
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Mihelčić, Gabrijela, and Maša Marochini-Zrinski. "Should negatory action against immissions be reformed in the light of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right to live in a healthy environment?" Glasnik Advokatske komore Vojvodine 94, no. 3 (2022): 767–823. http://dx.doi.org/10.5937/gakv94-38979.
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In this paper, the authors rely on the results of scientific research based on which they concluded that although there are notable differences between the Croatian national regulation of immission protection and the one provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and taking into account the role of the Convention (the principle of subsidiarity), it is not inconceivable that protecting this right (which all states are obligated to protect) strengthens the position of the authorized national representative for negatory protection (e.g., the possibility of determining the basis relevant for negatory action in a less complex way; removing discrepancies, such as, for example, the requirement that proprietary legal protection of ownership and other proprietary rights against immissions is preceded by protections pursuant to special regulations, etc.). In this light, the authors analyse recent Convention case-law and compare the regulation of negatory action (protection of property from harassment) with the protection of a specific right established by the Convention - the right to live in a healthy environment based on Article 8 of the Conventionthe right to respect for private and family life, home and correspondence. Exhaustively analysing the right to live in a healthy environment, they explain the interpretative methods and principles used by the European Court in detail, continuing their research concerning this issue. The main focus is on exploring the features of previously postulated rights: the requirement that the human rights protected by the Convention are violated by adverse environmental factors (that is, the existence of a specific Convention causal link); the category of a minimum level of severity; oscillation of this "quantum" of the minimum level of severity within Convention "fluctuations" and the scope (and type) of protection of the right to live in a healthy environment through the paradigm of the positive/negative obligations of the contracting states; naturally, bearing in mind the more recent cases brought before the Court. In conclusion, the authors answer the question postulated in the title of the paper.
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Sanderson, M. A. "Protection of Property Rights Within the European Convention on Human Rights." Modern Law Review 68, no. 4 (July 2005): 698–701. http://dx.doi.org/10.1111/j.1468-2230.2005.557_2.x.
Full textDissertations / Theses on the topic "The protection of property right in the European Convention on Human Rights"
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C¸oban, Ali Riza. "Protection of property rights within the European Convention on Human Rights." Thesis, University of Leeds, 2002. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680368.
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Pejchalová, Grünwaldová Vladimíra. "Property law in Europe : a comparative study of national law and the law of European convention for the protection of human rights and fundamental freedoms." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA020.
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La thèse traite de la protection de la propriété privée, d’une part dans le droit et la pratique de la Convention européenne des droits de l’Homme, et d’autre part dans le droit constitutionnel et la pratique des systèmes tchèque et français. Elle fournit une enquête comparative sur la portée des clauses respectives de protection de la propriété et de leur interprétation juridique dans le but de faire ressortir les éléments aussi bien convergents que divergents des approches normatives et jurisprudentielles de la protection de la propriété en tant que droit de l’Homme. L’objectif principal de cette enquête a été d’examiner et de comparer le traitement de la propriété dans la la Convention européenne des droits de l’homme et dans les Constitutions de la France et de la République tchèque. Le sujet de la recherche est traité sous la forme d’une recherche dans plusieurs domaines spécifiques: les fondements théoriques et philosophiques, le sens et la portée des garanties assorties à la propriété et leur interprétation juridique, les limites et les privations de propriété, et les approches constitutionnelles quant à leur mise en oeuvre dans le droit et la pratique de la ConventionThe thesis deals with the protection of private property in the law and practice of the European Convention on Human Rights and in the Czech and French constitutional law and practice. It provides a comparative inquiry into the scope of the respective property protection clauses and their judicial interpretation with a view to extracting convergent and divergent elements of the normative and jurisprudential approaches to the protection of private property as a human right. The main focus of the inquiry is to examine and compare the treatment of property in the European Convention on Human Rights and in constitutional law of France and the Czech Republic. The topic is analysed by virtue of research into several specific areas: the philosophical and theoretical foundations; the meaning and scope of the property guarantees and their judicial interpretation, limitations and deprivations of property; and the constitutional approaches to the implementation of the law and practice of the Convention
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Zanovello, Francesca. "Usucapione "privata" e "pubblica" nella prospettiva della giurisprudenza CEDU. La tutela multilivello del diritto di proprietà." Doctoral thesis, Università degli studi di Padova, 2017. http://hdl.handle.net/11577/3422401.
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The title of thesis is “Usucapione “privata” e “pubblica” nella prospettiva della giurisprudenza CEDU: la tutela multilivello del diritto di proprietà”.
The research work is divided into three chapters: the first chapter concerns the protection of property right in the national law, in Article 1 of Protocol No. 1 CEDU and in Article 17 of the Charter of fundamental rights of the European Union; the second chapter concerns the “usucapione” and the adverse possession; the third chapter concerns the conformity of “usucapione pubblica” with decisions of European Court of Human rights on “indirect expropriation”.
The first chapter analyses the relation between national law, Article 1 of Protocol No. 1 CEDU and Article 17 of the Charter of fundamental rights of the European Union.
The roll of Judges (Italian Constitutional Court, European Court of Human rights, Court of Justice of the European Union) is very important in the coordination between the national law, the European Convention on Human Rights and the Charter of fundamental rights of the European Union.
The coordination is difficult, because in the national law property is a economic right, but in the European Convention on Human Rights and in the Charter of fundamental rights of the European Union the property is a fundamental right. The European Convention and the Charter the don’t mention the “social function” of property.
This contrast and the incidence of the European law and of the European Convention on Human Rights on the national legal system raise doubts about the conformity of “usucapione” with Article 1 of Protocol No. 1 CEDU. The legal regulation of “usucapione” consents the loss of property in the absence of compensation and procedural protection for a paper owner.
The second chapter analyses the case of J.A. Pye (CEDU, 15.11.2005, n. 44302/02, J.A. Pye Ltd (Oxford) v. the United Kingdom; CEDU, (G.C.), 30.08.2007, n. 44302/02, J.A. Pye Ltd (Oxford) v. the United Kingdom).
On this occasion, the European Court of Human rights examines the compatibility of adverse possession with Article 1 of Protocol No. 1, because the regulation of adverse possession consents the loss of property in the absence of compensation and procedural protection for a paper owner.
The Grande Chambre says that adverse possession’s regulation is a case of “control of use” of land (second paragraph of Article 1 of Protocol No. 1 ) and it doesn’t violate the Article 1 of Protocol No. 1 CEDU.
Subsequently the research work analyses the national regulation of “usucapione” and the differences whit adverse possession. The thesis concludes that the “usucapione” pursues an objective to general interest (legal certainty) and respects the fair balance required by Article 1 of Protocol No. 1. The paper owner can take an action to deal with the adverse possessor before the expiry of the period of “usucapione”. He hasn’t excessive burden of control and monitoring, because there are strict requisites and long period of “usucapione”.
The third chapter concerns the conformity of “usucapione pubblica” (when the public administration occupies a private land) with the Article 1 of Protocol No. 1 CEDU.
In this case there is a risk that “usucapione” is in contrast with the decisions of European Court of Human rights on “indirect expropriation”.
The research work concludes that the “usucapione pubblica pura” is only admissible. In this case the public administration doesn’t exercise public powers.
The thesis wants to point out that the protection of property in European Convention on Human Rights affects the interpretation of national legal arrangements.La tesi dottorale si intitolata “Usucapione “privata” e “pubblica” nella prospettiva della giurisprudenza CEDU: la tutela multilivello del diritto di proprietà”. Il lavoro si articola in tre capitoli: prima si affronta il rilievo che il diritto di “proprietà” assume sul piano anche sovranazionale (tutela “multilivello” del diritto di proprietà), precisando il rapporto tra le diverse fonti; poi si passa all’esame della disciplina dell’usucapione e dell’adverse possession (del diritto inglese) alla luce della giurisprudenza della Corte eur. dir. uomo sul tema; in fine il lavoro si conclude con la trattazione della discussa ammissibilità dell’usucapione “pubblica” in relazione alle pronunce di Strasburgo in materia di “espropriazione indiretta”. Nel primo capitolo si compie un’analisi delle diverse fonti nazionali (Costituzione, Codice civile e leggi speciali) e sovranazionali (art. 1 del 1° Prot. add. alla Conv. eur. dir. uomo, art. 17 della Carata dir. UE) che oggi vengono in gioco in tema di tutela del diritto di proprietà, evidenziandone le divergenze e valorizzando il ruolo dei giudici (Corte costituzionale, Corte. eur. dir. uomo, Corte di Giustizia UE) che ne operano il coordinamento. Si affronta il problema del difficile raccordo tra il modello economico-sociale di proprietà dell’ordinamento interno e la diversa concezione propria della Conv. eur. dir. uomo (art. 1 del 1° Prot. add.) e della Carta dir. UE (art. 17), ove il diritto di proprietà trova collocazione tra le libertà fondamentali, senza alcun riferimento alla “funzione sociale”. Per evitare un’insuperabile rottura tra i due modelli si prospetta la soluzione di un dialogo tra giudici che, nell’operare il coordinamento delle diverse fonti, ripudia ogni lettura in chiave gerarchica delle stesse. L’incidenza del diritto europeo e la contrapposizione che talora si crea tra tutela della proprietà nel “sistema CEDU” e nell’ordinamento nazionale fanno sorgere dei dubbi circa la compatibilità con il diritto sovranazionale anche di istituti di antica tradizione giuridica come l’usucapione. Questa, infatti, conduce alla perdita del diritto di proprietà senza la corresponsione di alcun indennizzo e in assenza di garanzie procedimentali. La questione prende spunto, come evidenziato nella seconda parte del lavoro, dal caso J.A. Pye relativamente al quale si è pronunciata la Corte eur. dir. uomo (CORTE EUR. DIR. UOMO, 15.11.2005, n. 44302/02, J.A. Pye Ltd (Oxford) v. the United Kingdom; CORTE EUR. DIR. UOMO (G.C.), 30.08.2007, n. 44302/02, J.A. Pye Ltd (Oxford) v. the United Kingdom). In tale occasione si è dubitato della compatibilità dell’adverse possession con l’art. 1 del 1° Prot. add. alla Conv. eur. dir. uomo proprio perché l’istituto consentiva la perdita della proprietà senza corresponsione di un indennizzo e in assenza di garanzie procedimentali. La Grande Chambre, in senso difforme dalla pronuncia di primo grado della Corte eur. dir. uomo, ha qualificato l’istituto come un’ipotesi di regolazione dell’uso dei beni (art. 1 del 1° Prot. add., 2° comma) e ha escluso la violazione dell’art. 1 del 1° Prot. add., non senza perplessità da parte dei giudici dissenzienti. Si è conseguentemente passati all’esame dell’istituto nazionale dell’usucapione, senza estendere in modo automatico le conclusioni dei giudici di Strasburgo alla disciplina interna, date le diversità strutturali rispetto all’adverse possession. Si è comunque concluso per la compatibilità dell’usucapione con il “sistema CEDU” in quanto funzionale al perseguimento di un interesse generale (di certezza giuridica) nel rispetto del principio di “giusto equilibrio”; questa infatti consente al proprietario di contrastare l’altrui possesso prima dell’intervenuta usucapione o di contestare il perfezionamento della fattispecie acquisitiva successivamente, senza eccessivi oneri di vigilanza e controllo, considerate le condizioni che il possesso deve presentare per consentire l’usucapione e il termine ragionevolmente lungo richiesto per il suo perfezionamento. Nel terzo capitolo si passa all’esame dell’usucapione “pubblica” e ci si interroga sulla sua compatibilità con il “sistema CEDU”. Si solleva la questione dell’ammissibilità dell’istituto, non solo in ragione delle maggiori difficoltà nel ricostruire un possesso utile ad usucapire il bene a favore della P.A. occupante, ma soprattutto per il timore che si configuri un’ipotesi di “espropriazione indiretta” in contrasto con la giurisprudenza della Corte eur. dir. uomo. Riconosciuta la difficoltà di espungere del tutto dall’ordinamento l’istituto, si è prospettata la possibilità di un’interpretazione rigorosa e di restringerlo ai soli casi di occupazione usurpativa (pura) in cui difetta del tutto l’esercizio di un potere pubblicistico e il collegamento dell’opera con l’interesse pubblico, mancando la stessa dichiarazione di pubblica utilità. Il lavoro si propone pertanto di evidenziare come l’indubbio rilievo assunto dal diritto di proprietà sul piano sovranazionale (in particolare nel “sistema CEDU”) incida sul diritto interno, dando luogo a una rilettura (non a una passiva eliminazione) anche di istituti propri dell’ordinamento nazionale.
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Chambardon, Nicolas. "L'identité numérique de la personne humaine : contribution à l'étude du droit fondamental à la protection des données à caractères personnel." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2072.
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Les données à caractère personnel sont appréhendées par le droit comme des objets distincts de la personne à laquelle elles se rapportent. Ce statut particulier serait justifié par la transformation résultant du traitement de données. La loi du 6 janvier 1978 suggère pourtant un rattachement en définissant la donnée personnelle comme une « information relative à une personne physique identifiée ou qui peut être identifiée, directement ou indirectement ». Lesdites données sont donc des éléments identifiants, et en cela, par une interdépendance des éléments subjectifs et objectifs, des composantes de l’identité. Elles forment l’identité numérique de la personne, toujours plus sollicitée et collectée. L’hypothèse intuitive de l’identité est contrariée par le droit positif français, au sein duquel la loi Informatique et libertés marque son autonomie par rapport à l’article 9 du Code civil, matrice des droits de la personnalité. Le droit de l’Union européenne isole également, au sein de la Charte des droits fondamentaux, la protection des données à caractère personnel de la protection de la vie privée. Cette autonomisation permet l’accélération de la patrimonialisation des données à caractère personnel, visées comme éléments isolés par une multitude de contrats d’adhésion autorisant le traitement. Le sectionnement du lien entre la personne et ses données n’est toutefois pas inéluctable : la protection de l’autonomie de la personne peut maintenir cette connexion. La Cour européenne des droits de l’Homme, qui intègre la protection des données à celle de la vie privée, affirme le lien entre ces informations personnelles et l’identité. En outre, sa jurisprudence relative à la protection de l’autonomie personnelle peut constituer une réponse à l’objectivation des personnes. Dans le même sens, la jurisprudence du Conseil constitutionnel relative à la liberté personnelle, vecteur du droit au développement de la personnalité et de la protection de l’identité en France, a déjà accueilli favorablement la protection des données à caractère personnel. Une réflexion qui prend l’identité comme point de départ de l’étude d’un droit à la protection des données met en lumière le véritable enjeu de la collecte exponentielle des données à caractère personnel et du profilage qui s’en suit : l’autonomie des personnes, dont la préservation est assurée à travers le concept de personne humaine, sujet des droits fondamentauxFrench law approaches personal data and the person they are related to as separated objects. This special status would be justified by the transformation resulting from the data processing. However, by defining personal data as "information relating to an identified or identifiable natural person, directly or indirectly", the law of 6 January 1978 suggests that they are in fact connected to each other. Therefore, those data are to be understood as identifying elements. Following the interdependence of subjective and objective elements, they are components of identity. They form the person’s digital identity, which is increasingly solicited and gathered. The intuitive assumption of personal data as components of identity is thwarted by French positive law, within which the Data Protection Act marks its autonomy in comparison to Article 9 of the Civil Code – the latter being the matrix of rights related to personality. The same way, protection of personal data is distinguished from protection of privacy in the European Union’s Charter of Fundamental Rights. This increasing autonomy allows the accelerated conversion of personal data into assets. In a multitude of conventions, they are regarded as isolated elements of which processing is allowed. Yet the split between the person and their data could be avoided: protection of the autonomy of the person can ensure a connexion. The European Court of Human Rights considers data protection as part of the right to privacy, hence asserting the existence of a link between personal data and identity of the individual. Moreover, its case law regarding the protection of personal autonomy may constitute an answer to the objectification of individuals. Correlatively, the French Constitutional Court has already taken data protection as a part of personal freedom, the latter being considered in its case law as the embryo of the right to the development of personality and the protection of identity. By taking identity as the starting point of a study examining a right to data protection, it is possible to reveal the stakes of exponential gathering of personal data and ensuing profiling: the autonomy of the individual. Therefore, the latter can be protected by the concept of human person as subject of fundamental rights
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Sandin, Cimona. "The Protection of children : the right to family right and how they can conflict." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-27214.
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Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law. In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child. It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.
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Le, Rouzic Louis-Marie. "Le droit à l'instruction dans la jurisprudence de la Cour européenne des droits de l'Homme." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0259/document.
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La protection du droit à l’instruction a fait l’objet de longues discussions lors des travaux préparatoiresà la Convention européenne des droits de l’Homme. Si l’idée d’un droit à l’instruction pour tous s’esttrès vite imposée dans l’esprit de ses rédacteurs, le respect des convictions religieuses etphilosophiques des parents, qui assurent en priorité l’éducation et l’enseignement de leurs enfants, afait l’objet de davantage de controverses. Ces hésitations expliquent la présence de ce droit à l’article 2du premier protocole additionnel à la Convention du 20 mars 1952. Son importance n’est cependantpas à négliger. Qualifié de droit matriciel, le droit à l’instruction participe à la garantie concrète eteffective des autres droits et libertés de la pensée protégés par le corpus européen. Il assure en celal’épanouissement de la personne et lui garantit le droit de se déterminer librement. Il peut donc êtrerevendiqué par tous, élève ou étudiant, et peu importe la structure fréquentée (établissement public,privé, scolaire ou supérieur). Consciente de cet enjeu décisif pour la sauvegarde d’une sociétédémocratique, la Cour européenne des droits de l’Homme a su interpréter l’article 2 du Protocoleadditionnel de manière à assurer un juste équilibre entre la marge nationale d’appréciation et lapromotion du droit à l’instruction. Pour cela, elle a mis à la charge des Etats des obligations positivesafin d’assurer à chacun la possibilité, notamment, de se servir des moyens d’instruction existants. Engarantissant ainsi l’égal accès de tous aux structures existantes, la Cour européenne des droits del’Homme a également incité les autorités étatiques à respecter les particularités de chacun. A cette fin,une obligation de neutralité leur est imposée aussi bien dans les établissements d’enseignement quedans les programmes dispensés. Aucun élève ni étudiant ne doit se sentir exclu ou stigmatisé en raisonde ses convictions propres. La garantie d’un droit universel à l’instruction implique alors la garantied’un droit à une instruction pluralisteThe Protection of the right to education has been the subject of endness debates troughout thepreparatory work on the European Convention of Human Rights. While the idea of a right to educationfor all was quite evident in the mind of the drafters of the European Convention of Human Rights, therespect for religious and philosophical convictions of parents, who come first in the education of theirchildren, has been more controversial. Theses doubts explain the inscription of this right in Article 2 ofthe Protocol to the Convention on 20 March 1952. Its importance mustn’t be overlooked. Described asa « matrix right », the right to education contributes to a concrete and effective guarantee of the rightsand freedoms protected by the European Convention of Human Rights. It ensures personal blossomingand the right to make up their own minds. Therefore, everybody can claim this right, whether it be apupil or a student, regardless of the institution (public or private school, primary school or furthereducation). Aware of this key issue to protect a democratic society, the European Court of HumanRights has interpreted article 2 of the Protocol in order to reach a fair balance between the nationalmargin of appreciation and the protection of the right to education. That’s the reason why the Courtrequires States to achieve some positive obligations especially to enable everyone to use existingeducation means. Through the guarantee to an equal access of everyone to education institutions, theEuropean Court of Human Rights also encourages national authorities to observe the distinctivefeatures of each individual. In order to do so, the authorities must remain neutral both in educationalinstitutions and their curriculum. No pupil or student must feel excluded or chastised because of hispersonal convictions. Then, securing the universal right to education implies securing the right to apluralistic education
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Yang, Chang-Jung, and 楊長蓉. "The Right to Transnational Family ReunionUnder the Protection of the European Convention on Human Rights." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/69563480121063856693.
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碩士東吳大學
法律學系
98
This article addresses the issue of how the right to transnational family reunion is protected under the European Convention on Human Rights (‘ECHR’). The right to family reunion includes the right to family unity and family reunification. Everyone has the fundamental right to family life; however in the context of the transnational families, they might face some interference or disturbance from States when they are trying to exercise their rights. Since family reunification can be seen as a human rights issue on the one hand, and as an immigration matter on the other, the question lies here is how to reach a balance between the protection of human rights and the sovereign right of States. According to Article 8 of the ECHR, States have an obligation to respect for family life. Although the ECHR per se does not mention ‘the right to family reunion’, it does not necessarily mean that it is not included in the ECHR. Someone’s right to respect for family life might be infringed if without the recognition of this right. The European Court of Human Rights (‘the Court’) developed a wide understanding of family life on the application of Article 8 of the ECHR to domestic issues in its case law, it focused on whether there is an existence of ‘substantive ties’ in real terms. The concept of ‘respect’ under Article 8 of the ECHR includes both negative and positive obligations. States not only should refrain from unjustified interference with someone’s family life, but also has an obligation to allow for and even facilitate the normal development of family life. In the expulsion cases, the Court developed the ‘Boultif criteria’ to decide whether the State can justify the interference under Article 8(2) of the ECHR. The Court adopted the ‘case-by-case approach’ to determine whether the State failed to strike a fair balance between its own interests and the individuals’ interests. In the family reunification cases, the Court maintains the principle that the States enjoy the right as a matter of well-established international law and subject to their treaty obligations to control the entry, residence and expulsion of aliens. Thus, States enjoy a wide margin of appreciation over migration matters. Furthermore, Article 8 ECHR does not guarantee a right to choose the most suitable place to develop family life. Altogether, the state’s positive obligation to allow family reunification on its soil applies only in exceptional situations, for example in Sen, which involves children with young age. The Court adopted the ‘elsewhere approach’ to reach its conclusion.
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Wu, De-wei, and 吳德煒. "Protection of the Right to Life：A Study of Article 2 of the European Human Rights Convention and Its Conformity With Taiwanese Laws." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/81885450765187980938.
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碩士南華大學
歐洲研究所
94
The European Convention on Human Rights, which came into force on September 3, 1953, is the first international convention drafted and implemented for the protection of fundamental human rights after World War II. The first right guaranteed in this Convention is the right to life stipulated in Article 2. If the individual''s right to life is infringed by a High Contracting Party, the victim can, by reference to the procedural mechanism established by the Convention, submit an application to the European Court of Human Rights for seeking legal remedy. This thesis is to explore to what extent the right to life is protected by Article 2 of the Convention and on what circumstances the High Contracting Parties may take measures for restricting it on the one hand, and their conformity with those relevant rules contained in the Taiwanese Legal System on the other. It is intended that by virtue of the comparison between the European and Taiwanese System for the protection of human rights, the further development and improvement of the latter can be raised.
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Cilli, Michala. "Ochrana vlastnického práva a majetkové restituce v judikatuře Evropského soudu pro lidská práva." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-304297.
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The protection of ownership right and property restitution in the case-law of the European Court of Human Rights. Abstract The topic of this graduation theses is the protection of property as embodied and provided by European Convention of Human Rights and its authorities. The author also pays attention to how the European Court of Human Rights dealt with number of Czech and Slovak complaints concerning the restitution process taking place after the fall of the communism with purpose to rectify at least some of the last regime's wrongs as to the acts of deprivation occurred before the restoration of democracy. Emphasis is primarily put on Strasbourg authorities case law.
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Kulda, Miloš. "Právo na osobní svobodu v kontextu azylového práva Evropské unie." Doctoral thesis, 2019. http://www.nusl.cz/ntk/nusl-397483.
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Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...
Books on the topic "The protection of property right in the European Convention on Human Rights"
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Çoban, Ali Riza. Protection of property rights within the European Convention on Human Rights. Aldershot, Hants, England: Ashgate, 2004.
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Popović, Dragoljub. Protecting property in European human rights law. Utrecht, The Netherlands: Eleven International Pub., 2009.
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Protecting property in European human rights law. Utrecht, The Netherlands: Eleven International Pub., 2009.
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Sigron, Maya. Legitimate expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights. Cambridge, United Kingdom: Intersentia, 2014.
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Sermet, Laurent. The European Convention on Human Rights and Property Rights. Strasbourg: Council of Europe, 1990.
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Personal freedom through human rights law: Autonomy, identity, and integrity under the European Convention on Human Rights. Leiden: Martinus Nijhoff Publishers, 2008.
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Schutte, Camilo Basilio. The European fundamental right of property: Article 1 of Protocol no. 1 to the European Convention on Human Rights : its origins, its working, and its impact on national legal orders. Deventer: Kluwer, 2004.
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The protection of property rights in comparative perspective: A study on the interaction between European rights law and Italian and French property law. Groningen: Europa Law Publishing, 2013.
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Immunities and the right of access to court under Article 6 of the European Convention on Human Rights. Leiden: Martinus Nijhoff Publihsers, 2010.
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Lauwers, Gracienne. The impact of the European Convention on Human Rights on the right to education in Russia: 1992-2004. Nijmegen: Wolf Legal Publishers, 2005.
Find full textBook chapters on the topic "The protection of property right in the European Convention on Human Rights"
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Pejchal Grünwald, Vladimíra. "Protection of Property Under the European Convention on Human Rights." In Encyclopedia of Contemporary Constitutionalism, 1–19. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-319-31739-7_88-1.
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Karjalainen, Katja. "Strengthening the Right to Personal Autonomy and Protection of Vulnerable Adults: from Human Rights to Domestic and European legislation on Voluntary Measures." In International Actors and the Formation of Laws, 65–87. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98351-2_4.
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AbstractThis chapter analyzes the formation of domestic law and European law from the perspective of voluntary measures and the representation of persons whose personal faculties are impaired or insufficient. It assesses the instruments of the Council of Europe (CoE), especially Recommendation No (1999)4 and Recommendation No (2009)11, and Article 12 of the Convention on the Rights of Persons with Disabilities (UNCRPD). It also looks at domestic solutions and the way in which they reflect goals and objectives set at the international level. The Finnish Act on Continuing Powers of Attorney (2007) and the British Columbian Representation Agreement Act (2000) are used as illustrative case studies on how endorsing human rights can take different forms. The comparative notions employed in this chapter concern the question of who is able to carry out a voluntary measure and, thus, of how jurisdictions address impairment in existing decision-making capacity, which is one of the most intriguing questions relating to voluntary measures following the conclusion of the UNCRPD. Furthermore, the chapter notes the possibility of the European Union (EU) implementing measures in the area of law dealing with the protection of vulnerable adults and, in particular, in relation to voluntary measures. In this context, the chapter highlights the intertwined work of different international actors in the formation of laws.
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Rainey, Bernadette, Elizabeth Wicks, and Andclare Ovey. "20. Protection of Property." In Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767749.003.0020.
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This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as restitution and rent control.
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Rainey, Bernadette, Pamela McCormick, and Clare Ovey. "20. Protection of Property." In Jacobs, White, and Ovey: The European Convention on Human Rights, 559–91. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847137.003.0020.
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This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as rent control and restitution, especially focusing on cases arising from the transition of post-Soviet States to democracy, and cases arising from armed conflict.
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Rainey, Bernadette. "2. European Convention on Human Rights." In Human Rights Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198794172.003.0002.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.
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"Chapter 8. The Protection of the Right to Property in Occupied Territories." In The European Convention on Human Rights, 121–41. Brill | Nijhoff, 2008. http://dx.doi.org/10.1163/ej.9789004158832.i-273.80.
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White, Robin C. A., and Clare Ovey. "Protection of Property." In Jacobs, White & Ovey: The European Convention on Human Rights, 477–505. Oxford University Press, 2010. http://dx.doi.org/10.1093/he/9780199543380.003.0419.
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Rainey, Bernadette, Elizabeth Wicks, and Clare Ovey. "20. Protection of Property." In Jacobs, White & Ovey: The European Convention on Human Rights, 492–519. Oxford University Press, 2014. http://dx.doi.org/10.1093/he/9780199655083.003.0020.
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Davis, Howard. "23. Article 1 of the First Protocol: protection of property." In Human Rights Law Directions, 462–78. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871347.003.0023.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 1 of the First Protocol. The right to property is controversial. On the one hand, this right can be seen as essential to human flourishing; on the other, property can be seen as representing social and political power, which is distributed unequally. Given the relationship between property and power, it is not surprising that governments have often sought the constitutional freedom to control the production and distribution of wealth in society, which may at times require limiting the right to property. Article 1 of the First Protocol uses terms that seem to accept wide powers of states to control property in the ‘public’ or ‘general’ interest. As discussed in the chapter, the European Court of Human Rights has narrowed this power considerably in the way the Article has been interpreted.
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Plomer, Aurora. "A Market-Friendly Human Rights Paradigm for Intellectual Property Rights in Europe?" In Global Intellectual Property Protection and New Constitutionalism, 131–54. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863168.003.0006.
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This chapter explains that in the new variants of constitutionalism, human rights are perceived as critical normative counterweights to the extension of market-friendly rights privileging the protection of fiscal policies, the free movement of capital assets across borders, and the interests of investors over democratic processes, communities, and people. From this perspective, the European Convention on Human Rights (ECHR) and EU Charter of Fundamental Rights, which extend the right of property to legal persons, strike a discordant note by comparison with other international human rights instruments. The chapter investigates the origins of this incongruity. It shows that, paradoxically and contrary to the prevailing view, the rationale for the extension in the ECHR was to enable states to counteract the adverse social and economic impact of untrammelled exploitation of property and accumulation of profit. The chapter then examines the jurisprudence of the European Court of Human Rights (ECtHR) through this prism and considers how the Court may recover the normative ideals of human rights law. It also draws out the implications and challenges for the interpretation of IP rights in the EU Charter of Fundamental Rights.
Conference papers on the topic "The protection of property right in the European Convention on Human Rights"
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Rozenfelds, Jānis. "Īpašuma aizsardzība Satversmē." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.03.
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Constitution of Latvia of 1922 consisted of 88 articles. Chapter VIII of the Constitution addressing human rights’ protection became a part of the Constitution only in 1997. Article 105 provides that everyone has the right to own property. Article 105 of Constitution corresponds with the contents of the paragraph 1 of the First Protocol to the European Convention of Human Rights. Protection of the right to ownership as provided by the Constitution is carried out by the Constitutional Court of Latvia. The latter was established in 1996. The current report is based on the analysis of a significant number of judgements which have been handed down by the Constitutional Court in order to establish whether certain acts of legislation are compatible with the Constitution. The effectiveness of such protection could be achieved, if Constitutional court were to scrutinise each contested norm against the Constitution as a whole.
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Rezer, Tatiana. "Privacy Right as A Personal Value in an Information Society." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-76.
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The relevance of the topic is that the continuous and rapid increase in the role and volume of information in human life leads to the need to develop ways of protecting private information as a subject of personal property and personal value. Privacy is a natural human right and is enshrined in the European Convention on the Protection of Human Rights and Basic Freedoms, as well as in the Constitution of the Russian Federation. The regulation of the right to privacy is enshrined in the Russian Civil and Criminal Codes, which provide for legal liability for violations of this right. However, with regulations in place, the human element remains and often leads to leaks of private information, which destroys the personal value of the right. The article examines the concept of the right to privacy, its importance in the information society and human life, and the ways in which it can be protected. The aim of the study is to identify ways of protecting and complementing the right to privacy in the information society. The comparative legal analysis method allowed us to identify the mechanisms for the legal protection of the right to privacy. The case-analysis method enabled us to analyse Yandex’s data breach situation, while the content analysis method allowed us to make recommendations for protecting personal data. Main conclusions: the right to privacy as a personal value in the information society has not been sufficiently addressed in the scientific literature; self-protection as well as raising human legal awareness of information technology can be used as mechanisms to protect privacy.
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Semyakin, Mikhail. "Reformation of the Russian Civil Code in the Context of Human Rights Protection." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-20.
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In connection with the reform of civil legislation, several amendments are being drafted into the Russian Civil Code, in particular into the institute of property rights, which need to be scientifically analysed from the perspective of ensuring that citizens’ rights are adequately protected. The study is to scientifically evaluate the proposed amendments, and to develop individual recommendations for their improvement. Besides general scientific methodology, the following specific scientific study methods were employed: dogmatic, formal-logic, comparative-legal, as well as methods of interpreting normative material and analysing court practice. In the context of the protection of the rights and legal interests of civilians, an analysis was carried out of the projected regulations on the institute of property rights and the individual novelties contained in the Law ‘On introducing amendments to Part One of the Civil Code of the Russian Federation’ have been examined. In general, the proposed amendments to the institution of proprietary rights implying the assurance of proper protection of rights of bona fide individuals are adequately protected. Particular attention was paid to certain contentious points between the designed amendments and effective legislative provisions, in particular those relating to the rights of the previous owner of the property and the good faith purchaser of the property in question. Recommendations regarding certain incorrect provisions were given, particularly in relation to recognising a real estate acquirer as a bona fide purchaser who relied on data from the state register until it is proven in court that he knew that there was no right to alienate the concerned property. The draft amendments are considered for the first time in the context of the proper protection of citizens’ rights and in close connection with the provisions of the Constitutional Court of the Russian Federation and the European principle of proportionality.
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Mihelčić, Gabrijela. "ZAŠTITA PRIVATNOSTI I LIČNIH PODATAKA OD STRANE TRGOVACA KOD ELEKTRONSKE TRGOVINE." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.951m.
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The author analyses the category (principle) of proportionality that appears as a corrective in the jurisprudence of the European Court of Human Rights and of the European Court of Justice when it comes to possible forms of protecting the enforcement debtor moving out of his real estate. The starting point is the requirement to achieve the fair balance between the interests of the enforcement debtor and the enforcement creditor, and the features related to this issue are presented in relation to the protection of the right to respect for home, the right to peaceful enjoyment of property and the protection of consumers from unfair contractual provisions.
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Knežević, Mirjana. "MINIMALNI NIVO ZAŠTITE PUTNIKA U VAZDUŠNOM SAOBRAĆAJU - REŠENJA EVROPSKE REGULATIVE I DOMAĆEG ZAKONODAVSTVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.815k.
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This paper analyses the legal mechanisms which guarantee minimum rights to air passengers in case they are denied boarding against their will, their flight is cancelled or delayed. In case of breach of contracts of carriage by air, passenger rights are protected by law as special rights (minimum rights) and comprise the right to information, reimbursement, re-routing, care and indemnification. This study examines the existing regulation from the Law on obligations and the basics of property relations in air transport, which reflects the stipulations of the Montreal Convention (1999) and the Regulation 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 259/91. The Regulation defines minimum passenger rights protection and is part of our positive air transportation legislation. Although this is a significant step towards unifying the legal regulation and creating a common mechanism for protecting air passenger rights, we suggest that it also poses a serious challenge for air carriers: how will they meet all the demands of the modern air transportation market, and fully inform the passengers on their special rights and ways to exercise these in certain situations.
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Hajdini, Bojana, and Gentjan Skara. "THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY DURING THE COVID-19 PANDEMIC IN THE LIGHT OF ECHR STANDARDS." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22430.
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The COVID-19 crisis confronted states with the challenge of finding an immediate balance between public health measures and the principles of the rule of law. The rapid spread of the virus associated with the severe consequences on human health and life required prompt action, without the necessary scientific evidence to assess the effectiveness of the measures taken. Being faced with such a situation, numerous countries opted for drastic measures, like lock down and the restriction of some fundamental human rights and freedoms. This paper analyses the freedom of peaceful assembly during the COVID-19 pandemic in Albania, addressing the research question of whether and to what extent the response of the Albanian government to the COVID-19 pandemic was in compliance with the European Convention of Human Rights (ECHR). In this attempt, it will briefly introduce the measures taken by the Albanian government in the face of the situation and their impact. Following, it will focus on the recent decision of the Constitutional Court of Albania (D-11/21) in relation to the constitutionality of Order 633/2020 of the Ministry of Health and Social Protection which restricted the right of assembly. It will also analyze the extensively-discussed Order 633/2020 in the light of the ECHR and EU standards. The paper concludes that the measures taken by the Ministry of Health and Social Protection of Albanian lacked clarity on ratio legis and most importantly, information on how these measures would be implemented and to what extent they would restrict human rights.
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Guštin, Matko. "CHALLENGES OF PROTECTING CHILDREN’S RIGHTS IN THE DIGITAL ENVIRONMENT." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22439.
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The imperative of every state is to protect the children’s rights as the most vulnerable social group. The protection of children’s rights has been particularly intensified with the adoption of the UN Convention on the Rights of the Child (1989), which promotes four basic principles – non-discrimination, the right to life, participation in decision-making and active participation in resolving issues that affect their lives, as well as the best interests of the child. The consequences of the (still actual) COVID-19 pandemic are visible in many areas, including the protection of children’s rights. Namely, children had to get used to the “new normal” in an extremely short period of time, which in certain segments had an adverse effect on their development and social integration. The effects of the COVID-19 pandemic are also visible in the digital environment, which brings with it a number of positive and negative aspects in relation to children and their rights. Although the virtual environment has made it possible to fulfil one of the universal rights of children – the right to education, it has intensified a special form of violence – virtual, cyber violence that threatens the safety of children in the “new normal”. It is important to emphasize that the Council of Europe has adopted Recommendation CM/Rec (2018)7 of the Committee of Ministers to member states on Guidelines for Respect, Protection and Exercise of the Rights of the Child in the Digital Environment. Given that the digital environment shapes children’s lives in different ways, creating opportunities, but also certain risks to protect their well-being, this document recommends that member states review their legislation, policies and practices to promote the full range of children’s rights in the digital environment and providing effective responses to all the impacts of the digital environment on the well-being of children and the enjoyment of their human rights. European Union policies in the field of protection of children’s rights are also very important. Through its policies, the European Union seeks to enable every child to realize his or her full rights. The European Union’s Strategy on the rights of the child sets children apart from the leaders of tomorrow and the citizens of today. For the issues of this paper, a particularly important part of the Strategy are the guidelines for creating policies aimed at protecting the rights of children in the digital society. In addition to the above, there are a number of other documents of the Council of Europe and the European Union for the protection and promotion of children’s rights, which are analyzed in the context of digitalization. Special emphasis is placed on contemporary issues of development and protection of children’s rights to privacy in the digital environment, the right to access the Internet and digital literacy, but also cyber violence as a form of endangering the child’s safety, and the discussion on which issues was further stimulated by the COVID-19 pandemic.
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Nemţoi, Gabriela. "Interference with Freedom of Expression." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/50.
Full textAbstract:
Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.
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Dakić, Dragan. "MEĐUNARODNOPRAVNI MATERIJALNI ELEMENTI VLADAVINE PRAVA I OBIM REPRODUKTIVNIH USLUGA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.629d.
Full textAbstract:
Starting from the position that the basic purpose of the concept of rule of law is the protection of the individuals from the power of the State, the aim of this research is to examine if the principle of rule of law contains an element that could legitimize the restrictions of the scope of services in the field of reproductive medicine by the State. In particular, the object of this research is the question whether the right to life, as a substantive element of the rule of law encompassing negative as well as positive guarantees, can be used as an excuse for restrictive regulation of medical service of artificial gestation (ectogenesis). In a broader sense, it was examined if there was introduced any binding regional standards in Europe that would require from the Member State of Council of Europe to regulate service of artificial gestation as if it was an irrevocable process. If so, it would imply inability of progenitors – consumers, to withdraw from the process and suspend consumption of the service. Necessarily, the analysis also referred to the guarantees from the ambit of Article 8 of the European Convention as another substantive international legal element of the rule of law. The research was conducted using a descriptive method that describes the content of the right to life. Further, relevant guarantees and practices of the right to life protection were synthesized into possible claims - premises, which could amount potential basis for building a restrictive syllogism as a legal framework for the State intrusion in this area. These claims are the claim of the intentionality, the claim for equality, the claim of the conflict exclusion, the claim for viability. The conclusions of this research are that presumptive claims cannot provide excuses for the extension of the right to life to an ectoagent (an embryo that develops through ectogenesis) for the reasons explained below. With regard to the guarantees contained in Article 8 of the European Convention, above all autonomy, it has double effect. First, it disconnects ultimate demands of the progenitors from the Convention; second, it confers conditional right to life eligibility to ecto-agent. This research considered second stage of ectogenesis which commence with implantation. The intended originality of the analysis is to examine if the substantive elements of the rule of law from the scope of international human rights law, can be obstacles to the development of reproductive services.
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Bartulović, Željko, and Dejan Bodul. "POLOŽAJ RAZLUČNIH VJEROVNIKA U POSTUPKU STEČAJA POTROŠAČA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.835b.
Full textAbstract:
Croatia has a long legal tradition of bankruptcy proceedings over the assets of natural persons. Hence, from a historical perspective, such institute is not terra incognita in Croatian legislation. Nevertheless, only at 1 January 2016, in the legal order of the Republic of Croatia, along with the "classic" bankruptcy proceedings (pre-litigation procedure, liquidation bankruptcy proceedings, bankruptcy, personal bankruptcy, international bankruptcy, bankruptcy proceedings of the debtor's debtor, automatic bankruptcy, shortened bankruptcy proceedings a bankruptcy procedure of small value) the legislator implemented consumer bankruptcy proceedings. Rules on consumer bankruptcy proceedings are governed by the provisions of the Consumer Bankruptcy Act, whose general provisions point out on the lex generali provisions of the Bankruptcy Act and therefore the rules on secured creditors (separatistae ex jure crediti). The aim of the paper is to present and analyse the position of secured creditors, as privileged creditors, in the process of consumer bankruptcy. The complexity of the subject and the set tasks required a choice of methods, so authors used methodological approach, which included a historical methodological approach, a study of domestic and foreign literature, appropriate legal regulations, and analysis of jurisprudence. The paper will also analyse the practice of the European Court of Human Rights in the proceedings in accordance with Art. 8. Of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Right to respect for private and family life), as we believe that this can be important for understanding the issues of work. For comparison and possible de lege ferenda suggestions for the Serbian legislator, the analysis of Croatian solutions regarding the position of the secured creditor in the process of consumer bankruptcy is important as it indicates whether the potential implementation and application of such model will achieve its purpose and give the expected results.