Search

TABLE OF CONTENTS I. INTRODUCTION 708 II. DEFINING "PUBLICLY ACCESSIBLE ONLINE DATA" 714 A. On a Baseline of Public Accessibility 715 B. Public Accessibility as a Technological Construct: 718 Automating [...], The data scraping and data collection that Application Programming Interfaces (APIs) enable are ubiquitous means of automatically and instantaneously gathering large amounts of online data. Anyone can leverage the capabilities of internet infrastructure to engage in data collection, yet the subjects of the data collection are often unaware of the full extent to which this personal data harvesting occurs. The accessibility and discreetness of large-scale automated online data collection test the overall fitness of the European data protection framework, the General Data Protection Regulation (GDPR), to provide control to individuals over their personal data while promoting innovation and ensuring legal certainty for all parties concerned. This Article explores the extent to which the jurisprudence of the Court of Justice of the European Union (CJEU) and the guidance of data protection authorities have accommodated this technological transformation. Data controllers have been the apparent focal point of institutional responses. Absent further clarification, however, an approach focused on data controllers is likely both insufficient and unsustainable. This Article outlines areas for further clarification and additional focus--namely, the concept of "public accessibility" of online data, the notion of "reasonable expectations," the capacity of the "fairness" principle, and an increased emphasis on technological infrastructure and rights-respecting AI development.

The article under studies analyzes the legal nature of disputes in the field of social protection, as well as outlines their peculiarities and mechanisms of resolution. It points out that the modernization of the system of social security is indispensably related to the modernization of the model of protection of the right to social security. Particular emphasis has been laid on an increase in the proportion of disputes regarding the protection of social human rights, which has been stipulated by a number of objective factors. There is an urgent need for effective protection of the right to social protection under martial law, which leads to an increase in both the number of various types of social security ensured by the State and the number of their eligible recipients. Undoubtedly, the model for resolving such disputes requires certain modernization, in particular, with due regard to the recommendations of European institutions. As a result, it should ensure access to justice and guarantee an effective mechanism for restoring violated (disputed) social rights. The right to a fair trial is enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, thereby guaranteeing the right of everyone to a fair and public hearing within a reasonable time by an independent and impartial tribunal. The article substantiates the fact that disputes in the field of social protection have a special subject composition, where, on the one hand, there is a subject of authority, and, on the other hand, an individual whose subjective right has been violated (or not granted). This is a private right of a person to receive a particular type of material support or social service. Consequently, a dispute in the field of social protection has a dual legal nature -- on the one hand, it is based on the public and private interests of a subject authority, and, on the other hand, on the private interest of an individual. The article emphasizes that the rule of law should become the defining principle in the process of resolving disputes in the field of social security. This will provide for judicial protection of social rights, access to justice, and fairness of social dispute resolution. Access to justice is an important condition for ensuring the protection of social human rights. In addition, the article justifies the expediency of exempting certain categories of the population, who find themselves in difficult socially significant circumstances (families with children, low-income families, homeless minors, single persons in the absence of persons legally obliged to support them, homeless persons), from paying court fees in cases involving violation of their social rights. It points out that the formation of a system of specialized social courts in Ukraine at this stage seems premature and unreasonable, since it may lead to difficulties in determining the jurisdiction of a dispute and to discrepancies in the resolution of disputes by different courts. There is also a lack of necessary financial and material maintenance for the operation of social courts, training of qualified judges, etc. The article identifies the basic peculiarities of disputes in the field of social protection in the following way: a special dual legal nature of the dispute; clear definition of the procedure for resolving within the framework of administrative proceedings; simplified procedure for consideration; application of the mechanism of immediate enforcement of a court decision in the course of hear ing of certain categories of cases. [ABSTRACT FROM AUTHOR]

This article examines the role and relevance of the introduction of judicial precedent as a source of law in Ukraine, which is related to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter -- the Convention), Decisions of the European Court of Human Rights (hereinafter -- the ECHR) and judicial practice of national courts. The opinion is substantiated that the introduction of judicial precedent as a source of law in Ukraine will have positive consequences for the legal system of Ukraine and will provide additional protection of human rights and freedoms. Prospects for the possible introduction of judicial precedent as a source of law and important institutional changes that can lead to a complete transformation of the current system are determined. In connection with this, the issue is analyzed, and a generalized characteristic is given regarding the role of court precedent in advanced countries, such as Switzerland, Poland, and France. The properties of the legal systems of the world, the peculiarities of the use and status of the Convention, and the judicial practice of the ECHR in Ukraine are also considered. The article presents an analysis of scientific research by advanced scientists and lawyers who formed a professional view on issues related to judicial precedent and possible reform of the current legal system. A generalized description of the concept regarding the nature and features of judicial precedent as a source of law is provided. Simultaneously, the author of the article notes that the issue of defining the conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine is very relevant and important for Ukraine, as it is related to the protection and provision of rights and freedoms of man and citizen. Accordingly, special attention is paid to the fact that this issue should be resolved at the legislative level, as this will help to avoid collisions, misunderstandings, and possible duplication of norms. Moreover, the introduction of legislative innovations and reforms requires the generation of an appropriate legal bridgehead with the possible training of cour ts. Thus, the author concludes that the main consequences of the introduction of judicial precedent as a source of law will be the following: stability and predictability of the legal system, increasing the independence of the judicial branch of government, borrowing the best international experience, unification, and harmonization of current judicial practice, respectively, additional protection of rights and civil liberties. [ABSTRACT FROM AUTHOR]

The article analyzes the impact of EU law on national legal systems and the world order. With the collapse of the Soviet Union, the EU began active work on strengthening its authority and influence. In the 1990s, the EU (whose members also belonged to the Council of Europe) made the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights) a necessary condition for EU membership, which involved a lot of preparatory work in the field of human rights for candidate countries. The founding treaties of the EU, in contrast to ordinary international treaties, established a new legal order with its own institutions, in favor of which states limited their sovereign rights in increasingly wide areas, the subjects of which are not only member states, but also their citizens. The active development of integration processes taking place within the framework of the EU leads to further convergence and closer interaction of the national legal systems of the member states with the EU, as a result of which the circle of legal relations, which are legally regulated by the norms of EU law, is expanding. A key role in the proper functioning and implementation of these norms (EU law) is played by the specific procedure of their implementation into the national law of the member states, which is understood as the process of transposition of the norms of EU law, including the creation of the order and procedures for their introduction into the national legal systems of the member states. With the deepening of European integration, the constitutionalization of EU law began: the founding treaties evolved from a set of agreements binding only on member states to founding treaties that provide the basis of a single legal regime. This regime grants rights and imposes obligations on all public and natural persons on the territory of the EU, since the norms of the founding treaties have direct effect and absolute supremacy, forming a kind of integration legal system. Currently, there is a close connection between EU law and the national legislation of the EU member states. The impact of EU law on the national legal systems of candidate countries for EU membership is indisputable. These trends suggest that while the emergence of Community (now Union) law has given rise to a new legal order, distinct from national law, these historically distinct legal orders now form a common legal system. [ABSTRACT FROM AUTHOR]

The article examines the significance of the State of Ukraine's fulfillment of the negative and positive obligation to ensure proper realization, non-interference and protection of the right to privacy for its criminal law protection. The author emphasizes the importance for each State which is a party to the European Convention on Human Rights to formulate a national criminal law policy around criminalization of socially dangerous encroachments on human privacy in the context of compliance with the provisions of Article 8 of the European Convention. The author reveals the concept and content of the negative and positive obligations of the State in this area. The author analyzes the doctrinal approaches to understanding the significance of the ECHR legal positions formed because of legal interpretation of the provisions of the European Convention as a source of criminal law and criminal law policy of Ukraine. The author develops the position that such legal positions are not a source of criminal law. The author concludes that the provisions of the Convention on ensuring respect for human privacy, as interpreted by the ECtHR in its judgments (whether in respect of Ukraine or any other State party to the Convention), may be recognized as grounds for criminalization in a narrow sense, which does not include penalization. Formation of two main approaches to understanding the "right to respect for private life" provided for in Art. 8, namely, as the state's obligation not to interfere in the private sphere of a person (negative obligation) and as the state's obligation to take active steps to protect this right (positive obligation), actually combines the right to non-interference by the state in the private life of a person and the right to respect, which is realized through the creation of effective mechanisms for the protection of the right to privacy by both state bodies and individuals. Thus, the need to fulfill the negative and positive obligations of the State to comply with Article 8 of the European Convention is a significant factor in the social conditionality of criminal law protection of respect for private and family life in the context. [ABSTRACT FROM AUTHOR]

The article is devoted to the problematic issues of regulation of judicial control during consideration of applications for permission to conduct covert investigative (detective) actions and use their results for other purposes, in terms of ensuring the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The principle of fairness of a trial is interpreted in certain judgments of the European Court of Human Rights as the proper administration of justice, the right of access to justice, equality of parties, adversarial nature of the trial, reasonableness of the trial, etc. The construction of Article 6 of the Convention indicates the existence of the following key elements of the right to judicial protection: 1) the right to a hearing; 2) fairness of the hearing; 3) publicity; 4) reasonable time; 5) hearing by a court established by law; 6) independence and impartiality of the court. The author examines the key issues affecting the objectivity of court decisions in this area, imperfections of the procedures provided for in the criminal procedure legislation in terms of ensuring the fairness of the trial, reasonableness and motivation of the court decision. Special attention is paid to the problems of ensuring the independence and impartiality of the court as a factor that significantly affects the legality of such decisions, and the author suggests ways to improve the effectiveness of judicial control in this area. According to the author the legal regulation provided for by criminal procedure legislation in the area of judicial control over covert investigative (detective) actions, both in terms of consideration of applications for permission to conduct activities related to interference with private life and the use of the information obtained in another criminal proceeding or for another purpose, does not ensure compliance with the guarantees of the right to a fair trial provided for in Article 6 of the European Convention. Along with the need to take effective measures aimed at ensuring the independence of the judiciary and the impartiality of judges, criminal procedure legislation also needs to be improved. In particular, the article suggests that reforms should be aimed at overcoming "formalism" in the course of consideration of applications for permission to conduct covert investigative (detective) actions. [ABSTRACT FROM AUTHOR]

The EU's Artificial Intelligence Act (AIA) introduces necessary deepfake regulations. However, these could infringe on the rights of AI providers and deployers or users, potentially conflicting with privacy and free expression under Articles 8 and 10 of the European Convention on Human Rights, and the General Data Protection Regulation (EU) 2016/679 (GDPR). This paper critically examines how an unmodified AIA could enable voter manipulation, blackmail, and the generation of sexual abusive content, facilitating misinformation and potentially harming millions, both emotionally and financially. Through analysis of the AIA's provisions, GDPR's regulations, relevant case law, and academic literature, the paper identifies risks for both AI providers and users. While the AIA's yearly review cycle is important, the immediacy of these threats demands swifter action. This paper proposes two key amendments: 1) mandate structured synthetic data for deepfake detection, and 2) classify AI intended for malicious deepfakes as 'high-risk'. These amendments, alongside clear definitions and robust safeguards would ensure effective deepfake regulation while protecting fundamental rights. The paper urges policymakers to adopt these amendments during the next review cycle to protect democracy, individual safety, and children. Only then will the AIA fully achieve its aims while safeguarding the freedoms it seeks to uphold. [ABSTRACT FROM AUTHOR]

The article deals with the implementation of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine", which concerns the dismissal of civil servants in accordance with the Law of Ukraine "On Purification (Lustration) of Power" of September 16, 2014. It is noted that this decision had a large public impact resonance. To fulfill it, Ukraine must pay the debt collectors compensation and take additional measures of an individual nature; take measures of a general nature. The application of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine" to the implementation of the compensation payment did not cause obstacles, just as there are no obstacles for the payment of compensation to debt collectors, since the funds for such payments are in a special budget program. The most difficult is the implementation of the decisions of the European Court of Human Rights in terms of taking measures of a general nature: making changes to the current legislation and the practice of its application; making changes to administrative practice; provision of legal examination of draft laws; provision of professional training on the study of the Convention and the practice of the Court of prosecutors, lawyers, law enforcement officers, workers of immigration services, other categories of workers whose professional activity is related to law enforcement, as well as to keeping people in conditions of deprivation of liberty; other measures to be determined - subject to supervision bythe Committee of Ministers of the Council of Europe. The general measures taken by Ukraine to implement the decision of the European Court of Human Rights in the case "Polyakh and others v. Ukraine" have been analyzed. Attention is focused on the fact that, unlike the lustration laws of other Council of Europe member states, the Law of Ukraine "On Purification (Lustration) of Power" has a wider scope of application and is aimed at achieving two different goals - the protection of society from persons who, due to their behavior in the past can harm the newly created democratic regime and the cleansing of state authorities from persons who were involved in large-scale corruption. A legal assessment of the approach used by the state - preservation of automatic lustration - is given and a conclusion is drawn regarding its compliance with the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950. [ABSTRACT FROM AUTHOR]

The dissemination of hate speech online necessitates forceful content moderation to protect individuals and democratic values, without undue infringement of freedom of expression and the right to access information. In Europe, recent regulatory measures like the Digital Services Act (DSA) address the amplification of harmful content on social media, and place responsibilities on Very Large Online Platforms to counter societal risks, such as hate speech. The DSA mandates that platforms balance commercial interests with protecting user rights and safety, necessitating nuanced moderation strategies. However, both automated and human moderation face challenges in accurately identifying and countering hate speech. The European Convention on Human Rights (ECHR) and its interpretation by the European Court of Human Rights (ECtHR) provide essential guidance for navigating how to counter hate speech and also protect freedom of expression. This article aims to contribute to the understanding the emerging landscape of platform regulation and how the demands in the DSA can be better understood and operationalized regarding moderation of hate speech, in light of ECtHR case law. [ABSTRACT FROM AUTHOR]

Since Opuz v. Turkey (2009), the European Court of Human Rights (ECHR) delivered over a dozen judgments in which it examined domestic violence through the prism of gender-based discrimination. Apart from the individual circumstances of the cases, the Court considered the general approach to domestic violence in the defendant states, searching for a large-scale structural gender bias. Hence, although the Court has not directly referred to the notion of "structural discrimination" in relation to domestic violence, it engaged in unveiling this problem within the state parties. Building on the case law of the Court, the article presents and systemizes information that may prove structural gender discrimination in domestic violence cases. It navigates potential applicants through the Court's interpretation and indicates arguments and sources that may support their claims. In particular, it discusses what kind of data and information may demonstrate the general, discriminatory attitude of the authorities towards domestic violence and what sources the applicants may use while seeking the evidence. [ABSTRACT FROM AUTHOR]

Between 2015 and 2023, authoritarian backsliding triggered significant changes in the Polish judiciary, prompting some judges to adopt a new approach in their interpretation of the European Convention on Human Rights, both on and off bench, taking a more explicit stance as individual applicants against the Polish government in the European Court of Human Rights. This article employs the paradigm of relational legal consciousness, attributing this embrace of human rights law to judges’ interactions and relationships with various actors, including judicial associations, lawyers, human rights activists, and civil society. Furthermore, the article extends the concept of relationality in legal consciousness to encompass the intricate interplay between law and politics as intertwined social relations and practices. The article's original contribution lies in theorizing judicial legal consciousness in relation to authoritarian backsliding and the resultant liminality of structures and strategies for action. [ABSTRACT FROM AUTHOR]

This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements--an "act," a "means," and a "purpose" of exploitation--but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of "trafficking" aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done. [ABSTRACT FROM AUTHOR]

The article in the journal for the entire criminal law science deals with the subsequent preventive detention according to § 66b of the German Criminal Code. Various cases are analyzed in which this controversial sanction was ordered, including the cases of G., K., L., S., P., and W. The constitutional and human rights issues of this measure are discussed, especially in relation to its compatibility with the Basic Law and the European Convention on Human Rights. Doubts about the legality and proportionality of subsequent preventive detention are expressed. [Extracted from the article]

The article examines the use of Open Source Intelligence (OSINT) in military operations abroad within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). It emphasizes the significance of intelligence in military operations and the benefits of OSINT, while also addressing the legal aspects and the need for clarity on privacy rights in armed conflicts. The text suggests ways for states to provide clarity on the interpretation of IHL rules and privacy rights by incorporating their interpretations into military manuals and national guidance. The author, Marten Zwanenburg, a professor of military law, acknowledges the collaborative efforts that contributed to the article. [Extracted from the article]

This research letter discusses the issue of access to privately owned public spaces for the exercise of freedom of expression and assembly. The European Court of Human Rights has ruled that contracting states are not obligated to guarantee access to privately owned land for peaceful assemblies, as long as an alternative publicly owned location is available. The article argues for a correction in the court's jurisprudence to consider the importance of location in private settings and proposes a proportionality assessment to align positive obligations and protect the expressional freedoms in privately owned public spaces. The article suggests that this assessment would address the shortcomings of the current legal framework and allow for a balanced consideration of both property rights and expressional freedoms. [Extracted from the article]

The high-level Reykjavík Declaration (2023) recognises the importance of local authorities (the lowest tier of administration within a state) for the functioning of the European Convention on Human Rights (ECHR) system. This article seeks to provide a better understanding of the human rights role of local authorities and the potential of the European Court of Human Rights (ECtHR) as a promoter of this role. It examines how local authorities appear in the judgments of the ECtHR and assesses the extent to which they provide clear pictures of local authorities and their role in human rights issues. The analysis draws on a close reading of a sample of cases encompassing a diverse set of states and human rights issues. It shows how the ECtHR's reasoning indicates what is required of a local authority for a specific set of circumstances, but also the general attributes of local authorities that are conducive to the provision of human rights. For judgments of the ECtHR to promote local authorities as human rights actors, local authorities and their interlocutors need to be able to identify the judgments and the elements of reasoning therein that are of most relevance for their circumstances. [ABSTRACT FROM AUTHOR]

This article discusses the role of local and regional authorities in promoting and protecting human rights in Europe. It highlights the emergence of human rights cities, which prioritize human rights in their governance programs, and explores the variation in how subnational authorities perform on human rights issues. The article also discusses the importance of local and regional authorities in the implementation of European Court of Human Rights judgments and calls for greater attention to be given to subnational actors in human rights work. The special issue includes articles that examine various aspects of the human rights role of local and regional authorities, such as their appearance in case law, their position in the European human rights system, their engagement with specific human rights issues, and their perception and practice of human rights. [Extracted from the article]

Member States of the ECHR are complex entities made up of many levels. The subsidiarity principle is grounded in this social reality. However, the ECHR, just like general international law, treats its States as unitary entities: local authorities are procedurally and institutionally inexistent in the ECHR system, although they play important roles as protectors and violators of human rights. I show that the codification of the subsidiarity principle in the ECHR preamble was not intended to strengthen the role of local and regional authorities. Protocol No. 15 was only concerned with reinforcing 'the' States role vis-à-vis the Court. I explain this with the state's role as the bearer of political sovereignty and the fact that sovereignty is a pre-condition for a functioning political democracy and, therefore, a democratically legitimate human rights system. Finally, the paper enquires into whether the subsidiarity principle of the ECHR might be read as an interpretative principle, which contributes to determining the scope and content of the human rights that the Strasbourg Court must guarantee, and whether this might benefit local and regional associations. I answer in the negative. Such a reading would be contrary to Protocol No. 15, as it would further empower the Court. [ABSTRACT FROM AUTHOR]

The article examines the limited engagement of human rights scholars with the policies implemented during the COVID-19 pandemic. It critiques the book "States of Exception: Human Rights, Biopolitics, Utopia" by Costas Douzinas for its disorganized nature and failure to address key dilemmas. The book argues for a radical re-arrangement of society and questions the sufficiency of human rights for achieving justice. However, it is criticized for not addressing the trade-offs between freedom and security, lacking a coherent theory on the relationship between human rights and the state, and having contradictory views on immigration, asylum, and the right to protest. The article suggests that these conceptual weaknesses undermine the practical effectiveness of human rights. [Extracted from the article]

This article discusses the evolution of the British constitution and challenges the traditional view of the United Kingdom as a homogeneous, unitary nation-state. It explores counter-narratives based on the histories and political consciousness of the component nations, which argue that the UK is an artificial construction. The article also examines the concept of union and its application to the UK, as well as the difficulties in defining what a union is. It highlights the importance of integrating work from constitutional law, political science, and history in understanding the UK's constitutional framework. The article concludes by discussing the issues of sovereignty, devolution, and human rights in the UK, and the challenges of constitutional reform. [Extracted from the article]

The seventh edition of "Medicine, Patients and the Law" edited by Margaret Brazier, Emma Cave, and Rob Heywood, published in 2023, is a comprehensive resource aimed at students of medical law and healthcare professionals. The book covers three main parts: Medicine, Law and Society; Medical Malpractice; and Matters of Life and Death, providing insights into the legal context of medical practice. The editors discuss the historical context of the book's development, the need for a new edition due to evolving healthcare law issues like the COVID-19 pandemic, and the inclusion of new chapters on criminal process in medical malpractice, embryo research, and historical aspects of medical law. The book aims to engage readers in thought-provoking discussions on medical law dilemmas while providing tools to navigate complex legal issues. [Extracted from the article]

It is already well known that a natural person or a non-governmental organization can submit applications to the European Court of Human Rights, pursuant to Article 34 of the European Convention on Human Rights, in the situation where they consider that his rights provided by the Convention and the additional protocols to the Convention have been violated. What is not so well known and disseminated in the legal world is the fact that the companies also have the right to introduce such requests and to invoke the violation of some rights from the Convention. One of the fundamental rights provided by the Convention, which can be invoked by the companies, is, contrary to any expectations, the right to private life, recognized by Article 8 of the Convention, which provokes discussions and presents a spectacular evolution from the perspective of the dynamic interpretation of the Convention as a „living instrument“. The essential object of Article 8 of the Convention is to protect the holder of the right against the arbitrary interferences by the national authorities. But, in such cases, limitations of the exercise of this right being allowed, in the Court's analysis regarding the necessity of the respective interferences in a democratic society, it must balance, on the one hand, the interests of the plaintiff companies, protected by Article 8 of the Convention, and, on the other hand, the interests of the states which are party to the Convention, protected by other provisions of the Convention and by the additional protocols. Observing that legislators and international jurisdictions cannot keep up with the evolution of society, in general, and with the new technologies, with the emergence of some new forms of restriction of the private or corporate life, we believe that new manifestations of private life could be identified in the future and could be subject to attention in order to be protected, this right being, obviously, a right that depends on the level of development of each individual society, from case to case being able to anticipate new updates of the sphere of protection of the right. Being a very broad topic, we will limit ourselves, in this study, only to the schematic and rational presentation, on the one hand, of the expansion of the scope of Article 8 of the Convention also regarding the companies and, on the other hand, of the findings of the Court with regard to the cases initiated by plaintiff companies. [ABSTRACT FROM AUTHOR]

Copyright of Public Law Studies Quarterly is the property of University of Tehran and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One of the most challenging issues in the legal and political systems of countries is to consider a mechanism that can create a reasonable balance between protecting the interests of society on the one hand and respecting the private life of citizens on the other. Article 8 of the European Convention on Human Rights addresses this issue. In paragraph one of this article, the Contracting States are obliged to respect the private life of their citizens and in Paragraph two, while prescribing the interference of governments in the private life of citizens in certain circumstances, enumerates the requirements for this. The present study addresses the question of what is the meaning of private life in Article 8 of the European Convention on Human Rights and what are the requirements set forth in paragraph 2 of Article 8 of the Convention which allows governments to interfere in the private life of citizens? The study conducted in this article showed that private life is a broad and dynamic concept according to the European Convention on Human Rights, which encompasses various dimensions and is updated in accordance with cultural and social changes. The interference of the Contracting States in the private life of its citizens shall be permitted only if it is lawful, pursues a legitimate aim and is deemed necessary in the eyes of a democratic society. [ABSTRACT FROM AUTHOR]

The article discusses a ruling by the Austrian Supreme Court on the liability for copyright infringement by university lecturers acting in their official capacity. Topics include the official nature of educational activities, the non-liability of universities and professors for such infringements, and the federal government's role in addressing these issues.

The article discusses the criminal liability associated with counterfeiting famous trade marks in Italy, highlighting that such actions are punishable under Articles 473 and 474 of the Criminal Code, even if the counterfeit goods are in different market sectors. Topics include the impact of counterfeit goods on public trust, the role of corporate liability under Legislative Decree No. 231, and the criteria for assessing the adequacy of organizational models.

The concept of jurisdiction is often said to encapsulate the very essence of human rights “qua normative relationship between rights holders and institutions as dutybearers” (Besson, 2012; 860). Twenty-first century human rights jurisprudence has highlighted one of the most contentious issues in relation to jurisdiction: the limits that human rights place on State behaviour outside national territory. In the context of migration, the extraterritorial application of human rights is a particularly critical concern. Loss of life on the high seas, refoulement at sea, and the striking systematic ineptitude of search and rescue operations by European countries have placed the debate on extraterritoriality at the heart of the human rights discourse on migrants and refugees. This Paper will compare and contrast extraterritoriality at the European Court of Human Rights and the Human Rights Committee (HRCttee), in order to put their jurisprudence into perspective and assess the current state of the law. A functional account of jurisdiction will be supported, whereby the State should protect human rights wherever in the world it operates, and whenever it can reasonably do so. Through a comparative analysis, I will argue that the principles of universality and effectiveness render extraterritorial applicability a necessary doctrine in human rights law. By juxtaposing the ECtHR with the HRCttee, I will illustrate the wide acceptance of extraterritoriality in the migration context, highlight the needs for improvement in future jurisprudence, and justify the functional approach to human rights protection that this Paper advocates.

The article is dedicated to the analysis of a new category of rights, which legal specialists refer to as the fourth generation of rights. This is directly related to the rapid development of new technologies and significant changes in legal relations that have emerged at present, as well as the emergence of new forms of business activities and certain information asymmetry, and the sharp increase in online life, which increasingly requires legal regulation. These factors influence the increase and intensification of challenges for both international and national law. The article analyzes the possible risks associated with the violation of such important values as freedom of expression, justice, and the rule of law, leading to the threat of human rights violations in the information space and the inability to protect them due to the lack of legal certainty and the absence of legal frameworks. Therefore, the author provides certain options for resolving the issue of protecting digital human rights. The article explores digital human rights and the specifics of their restriction in the context of contemporary legal challenges. Given society’s increasing dependence on information technologies, the protection of digital rights is becoming a crucial aspect of ensuring citizens’ fundamental freedoms. The main international legal documents regulating digital rights, such as the European Convention on Human Rights, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, are examined. Special attention is given to the conditions for derogating digital rights during emergencies, particularly in the context of the Russian Federation’s military aggression against Ukraine. The main forms of digital rights violations are analyzed, including Internet access restrictions, censorship, privacy breaches, disinformation, and propaganda. The article emphasizes the necessity of adhering to the principles of legality, necessity, proportionality, and temporariness when restricting digital rights to ensure a balance between national security and the preservation of fundamental human rights. An authorial definition of the term “digital rights” is provided. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 287-309 | Article | (Table of Contents) I. Introduction. – II. A Brief (Constitutional) History of Kosovo. – III. Human Rights in Kosovo’s Legal Order. – III.1 Constitutional Integration. - III.2 Judicial Application. – IV. Standard-Setting, Monitoring and Cooperation Mechanisms. – IV.1 The Horizontal Facility. – IV.2 Other Programmes and Projects. – IV.3 From Projects to Change. – V. Conclusion and Outlook. | (Abstract) Areas of contested statehood present challenges to human rights on both a normative and a practical level. As areas of contested statehood face difficulties in acceding to human rights treaties and international organizations, more creative solutions have had to be found to ensure the protection of human rights in line with international standards. In recent years, Kosovo has been one of the most prominent examples of an area of contested statehood in Europe. This Article focuses on the role of one key international actor – the Council of Europe (CoE) – regarding the promotion of human rights in Kosovo. Combining doctrinal and empirical analysis, the Article discusses two key aspects of the relationship between the CoE and Kosovo: (1) the constitutionalisation and judicial application of the CoE’s human rights standards in Kosovo’s constitutional legal order; and (2) Kosovo’s interaction with the CoE’s human rights standard-setting, monitoring, and advisory mechanisms. This Article argues that these two aspects of the CoE’s and Kosovo’s relationship have been relatively impactful in embedding the CoE’s human rights standards in Kosovo. This has occurred to such an extent that Kosovo’s human rights system has now become inextricably tied to the Council of Europe’s human rights standards, despite not (yet) being a member of the CoE.

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the concept of accountability in the United Kingdom's constitutional discourse. It examines the relationship between accountability and other constitutional principles and presents different perspectives on the topic. The article acknowledges the challenges of defining and achieving accountability and emphasizes the need for a balance between accountability and efficiency in governance. The anthology includes contributions from various perspectives and governance orders, covering a wide range of topics such as judicial decisions, policy advice, social security, and global governance. While the collection aims to shed light on the role of accountability in constitutional design, it acknowledges that further research is needed to fully understand its complexities. [Extracted from the article]

This contribution examines the compatibility of mandatory vaccination with the European Convention on Human Rights (ECHR) through an analysis of the relevant ECHR rights and related case law of the European Court of Human Rights (ECtHR). By focusing on Article 8 (Right to Private Life), Article 2 (Right to Life) and Article 9 (Freedom of Thought, Conscience and Religion) ECHR, we formulate conditions under which mandatory vaccination legislation is justified. With that, this analysis aims to provide national legislators with guidance on responsible legislative policy. Additionally, this article discusses the legal framework underlying the Dutch vaccination policy, including developments therein since COVID-19. Furthermore, the role of the European Union in the context of vaccination is briefly discussed. The importance of an extensive societal and parliamentary debate before implementing a mandatory vaccination policy is stressed, as is the need for proportionality in enforcement. [ABSTRACT FROM AUTHOR]

Europe has a rule of law crisis. In the past decade, Turkey, Poland, and Hungary have undermined their democratic societies and compromised the independence of their institutions by affording unprecedented strength to their executive branch and imposing severe restrictions on the public sphere. As their illiberal policies spread, so does the frequency with which individuals adversely affected by these policies seek justice before the European Court of Human Rights. In these cases, Article 35(1) of the European Convention on Human Rights requires that they first exhaust the local remedies available in their national legal system. Article 35(1) reflects the role of the European Court of Human Rights to act as a subsidiary to Europe's national judicial institutions and exercise a margin of appreciation for their ability to deliver a just outcome to litigants. However, this Comment shows that the principle of subsidiarity and the Court's margin of appreciation for sovereign interests have led to an excessively formalistic interpretation of Article 35(1) in cases brought against Turkey and Hungary, leading to unjust conclusions for applicants and undermining the Court's ability to guard against the erosion of rule of law in illiberal democracies. If the Court is to preserve its legitimacy as an institution capable of addressing human rights violations wherever they occur within its jurisdiction, it is critical that it plays a more active role in tackling Europe's rule of law crisis. On this matter, Article 18 offers insight into the means by which the Court can provide relief to applicants and confront any unlawfully implemented state restrictions that compromise democratic governance in Member States without entirely delegitimizing these States' legal and political systems. [ABSTRACT FROM AUTHOR]

This article examines the substantive and procedural right to a clean environment. The universal right (based on the 2022 Resolution of the UNGA) is critically analysed from the point of view of its universality in the context of Global North and Global South. The procedural environmental right is less controversial. In this article is analysed within the context of the ECHR and the Aarhus Convention. Environmental Impact Assessment is dealt with from the points of view of environmental information and public participation in environmental matters. [ABSTRACT FROM AUTHOR]

In recent years, European states have become creative in developing strategies to curtail international migration while escaping their obligations under human rights law. These strategies aim at stopping migrants before they can enter a state's jurisdiction, under the argument that states are not bound to their obligations while operating outside their jurisdictional boundaries. This article adopts a geographic perspective to examine the concept of jurisdiction under the European Court of Human Rights (ECtHR), and particularly its nexus with territory. During the last decade, the ECtHR has interpreted jurisdiction to encompass situations where states apprehend migrants outside their borders, thus extending jurisdiction to extraterritorial operations. However, states can circumvent this by manipulating the territorial organisations of their borders to prevent migrants from reaching their territory without directly apprehending them. These strategies include agreements with countries of transit along with other, specific interventions. I take the case of N.D. and N.T. v. Spain as an example of this trend, and of the ECtHR's failure to make European states accountable. As a solution, I argue that jurisdiction should be interpreted to encompass territoriality as one of its components, and under a definition of territory informed by geographic research, and distinct from its conventional definition under international law. [ABSTRACT FROM AUTHOR]

Applying a critical rhetorical approach to law, this article revisits the proportionality discourse of the European Court of Human Rights and the socio-political tendencies it reveals in the case of Garib v the Netherlands (2017). The work focuses on the rhetorical management of the conflict between socio-economic public policies and the social rights indirectly protected under the European Convention on Human Rights and its Protocols. The rhetorical construction of proportionality discourse identified is driven by the re-elaboration of themes constitutive of the normative rationality of post-austerity neoliberalism, in particular the individual responsibilisation and sacrifice for the negative consequences of neoliberal socioeconomic policies. The discourse is also supported by elements announcing an authoritarian turn in the deployment of such policies through the connection between economic goals and public order. [ABSTRACT FROM AUTHOR]

The European Convention on Human Rights 1950, together with the Human Rights Act 1998, and domestic common law, allow prisoners to bring legal actions in respect of inhuman and degrading prison conditions and their negligent treatment whilst in prison.¹ In particular, these actions can result from mistreatment of prisoners by fellow prisoners,² for which the State can be liable under its positive obligations in human rights law.³ Both domestic and European courts accept that prisons are inherently dangerous places, and have adjusted the duty of care accordingly, imposing liability only in clear cases of negligence.4 Despite this, there are a number of successful cases where prisoners have gained private law and human rights remedies against prison authorities for attacks by fellow prisoners.5 These attacks largely cause physical harm to the prisoner, although a recent decision of the European Court of Human Rights highlights that prison authorities can be liable for emotional abuse suffered by prisoners at the hands of other prisoners in addition to any physical harm suffered by attacks or other treatment they have suffered.6 [ABSTRACT FROM AUTHOR]

Few institutions are as rooted in history as marriage and the family, and many references can be found in the Bible to support its functions and stability. The family was first declared to be the foundation of society around 450 B.C. in the Roman Code, the so-called Twelve Tablets. In the Universal Declaration of Human Rights (1948), Article 16 states that the family is the natural and fundamental unit of society and is therefore entitled to protection by society and the State. The European Convention on Human Rights (1950) provides for special protection of family life in Article 8, and any violations of this right by state institutions are judged by the European Court of Human Rights in Strasbourg (ECHR). The ability of each state to protect the right to private and family life can thus be judged by the decisions of this Court. Specifically, this text provides a quantitative and qualitative analysis of 128 unique ECHR cases identified for the Czech Republic and Article 8. [ABSTRACT FROM AUTHOR]

In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland , the European Court of Human Rights issued its first climate-change-related decision. In a near-unanimous decision, the Grand Chamber of the Court found that Switzerland had breached its obligations under the European Convention on Human Rights. It held that the Alpine state must review and amend its climate change policies accordingly. In this case note, we highlight the key points of the judgment and comment briefly on certain points. [ABSTRACT FROM AUTHOR]

The protection of individual fundamental rights and freedoms, especially the right to property, has been the subject of concern over the years. Article 1 of Protocol 1 to the European Convention on Human Rights, Article 6/1 to the European Convention on Human Rights, adopted by the Council of the Republic of Albania on 31 July 1996, Article 8137 (The ratification of the European Convention on Human Rights and Fundamental Freedoms). All actors in the field of human rights protection consider property to be as important as other rights such as freedom of faith and conscience. This is reflected in various conventions at the international, regional, and national levels. The right to property and the methods of acquisition, unfair compensation, and protection of property are explicitly provided for in the Constitution of the Republic of Albania. [ABSTRACT FROM AUTHOR]

The issue of the role of the European Court of Human Rights in the formation of the procedures of criminal prosecution in Moldova is critically important for understanding the efficiency of the national justice system and determining strategies for its further improvement. The influence of the ECHR on criminal procedures directly influences the guarantee of human rights and the fairness of legal proceedings. The article aims to analyse the influence of the decisions of the ECHR on criminal justice in Moldova. Statistical methods of percentage ratios were used to evaluate crime dynamics, and characteristics of Moldova's legal system were formed based on the comparative analysis. The results found that complying with the European Convention on Human Rights will reduce crimes and increase trust in the legal system. The stable dynamics of crime reduction for 7% annually is observed based on statistical analysis. Recommendations of the ECHR and directions for improving criminal justice in Moldova were formed. The study results indicate the high efficiency of the changes made in national judicial practice. The perspective area is a study of the long-term influence of the decisions of the ECHR on the formation of legal norms and procedures in the criminal justice of Moldova. Special attention should be given to analysing the methods of integrating European standards into the Moldovan legal system with consideration of local peculiarities and needs. [ABSTRACT FROM AUTHOR]

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is focused on studying theoretical and legal principles for building a coherent system of forms and methods of protecting housing rights. Researching the issue of the system of civil forms and methods of protecting housing rights allows us to conclude that housing law is a part of civil law; and housing legal relations and housing rights are the type of civil legal relations and civil rights. The author has substantiated that establishment of housing rights as a subject matter of civil protection has an important practical significance, since it provides an opportunity, in particular, to distinguish between purely civil and housing disputes. Such a distinction must be taken into account for the correct application of material and procedural legislation in the process of legal enforcement. The nature of the relationship impacts on the possibility of applying the appropriate mechanism of legal protection of subjective right. The author believes that in case of rights violation and occurrence of a housing dispute, the action algorithm should be as follows: 1) in case of the housing right violation one should choose the appropriate form of protection; 2) further one should indicate the most effective method of protection; 3) the claim must be embodied in an appropriate mean of protection (lawsuit, complaint, statement). Protection of housing rights of citizens in Ukraine can be divided into jurisdictional and non-jurisdictional forms of protection. The protection of the rights of the subjects of housing relations in the court occupies the main place among the jurisdictional form of protection; it has the universal character, is guaranteed by the Constitution of Ukraine and is the most suitable for resolving disputes on the protection of housing rights of citizens. Choosing a specific form of protection of housing rights of citizens is pre-conditioned by the legal nature of the housing rights. The list of the methods to protect the housing rights of citizens in Ukraine is not provided in the current Housing Code of Ukraine. Therefore, in case of a housing dispute, one should be guided by the norms of the Civil Code of Ukraine (the Art. 16). The specified methods of protection of civil rights are implemented in certain means of protection. The Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 plays an important role in the regulation of relations on administering the justice in housing matters. On the basis of the essence of the ECHR case-law and the doctrine on the nature of the ECHR judgments, one should conclude that such judgments are also important for the formation of the doctrine of housing law and have a precedential character in the resolution of housing disputes within civil legal proceedings. The possibility of applying the mediation procedure in regard to housing disputes is also particularly relevant. Considering the specifics of housing disputes, it is possible to offer the specifics of the mediation's application in relation to housing disputes. Online mediation is advisable to be used in this area. [ABSTRACT FROM AUTHOR]

This article discusses a judicial review case in the UK that challenged the government's policy of removing asylum seekers to Rwanda. The High Court initially ruled that Rwanda was safe, but both the Court of Appeal and the Supreme Court disagreed. The decisions highlight the importance of evaluating the adequacy of a country's asylum system and considering all evidence in assessing the risk of refoulement. The Supreme Court criticized the UK government's investigations and maintained its institutional competence to assess the credibility of the Rwandan government's assurances. The previous government introduced a law declaring Rwanda safe, but the current government has promised not to proceed with removals to Rwanda. The article emphasizes the fragility of judicial competence and the need to hold the executive accountable for human rights. [Extracted from the article]

This article examines the use of United Nations Universal Periodic Review (UPR) recommendations in UK domestic law and courts. It provides legal practitioners with guidance on how to locate, analyze, and apply UPR recommendations in court cases. The article emphasizes the legal significance of UPR recommendations and their potential to establish customary international law and inform treaty interpretation. It also highlights examples of how UPR recommendations have been utilized in relation to specific issues. The article concludes by advocating for increased engagement with the UPR in legal proceedings due to its universal nature and ability to identify areas of agreement in international human rights law. [Extracted from the article]

This article examines the 2011 European Court of Human Rights judgment in MSS v. Belgium and Greece , which held that transferring an asylum applicant from Belgium to Greece violated the European Convention on Human Rights. Despite receiving praise for reaffirming state obligations, this article challenges the verdict. It argues that in MSS , the Court of Human Rights missed a crucial opportunity, leaving the applicant exposed to nearly two and a half years of hardship in Greece, rendering his final triumph before the Court insignificant. The article reimagines the case, envisioning the Court granting an interim measure to halt the transfer. The proposed alternative conclusion, which prioritises the applicant's best interests, could result in substantial political and policy implications. The purpose of this article is to highlight the importance of interim measures in protecting migrants' rights and to encourage the Court to employ them more frequently. [ABSTRACT FROM AUTHOR]