The University of Barchester, Coketown University, Ipswich Cathedral Choir School, Gas Street Comprehensive School and the European Convention on Human Rights: A link?

2000 ◽  
Vol 12 (2) ◽  
pp. 93-104 ◽  
Author(s):  
David Palfreyman
Keyword(s):  
Human Rights ◽  
Comprehensive School ◽  
European Convention ◽  
Choir School ◽  
The University

European Court of Human Rights: State and Religion, Schools and Scarves. An Analysis of the Margin of Appreciation as Used in the Case of Leyla Sahin v. Turkey, Decision of 29 June 2004, Application Number 44774/98.

2005 ◽  
Vol 1 (3) ◽  
pp. 495-510 ◽  
Author(s):  
Aernout Nieuwenhuis
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
European Convention ◽  
Constitutional Court ◽  
European Court ◽  
German States ◽  
Margin Of Appreciation ◽  
Federal Constitutional ◽  
The University ◽  
State Schools

In the case of Leyla Sahin v. Turkey of 29 June 2004, the European Court of Human Rights decided in favour of Turkey. The banning of headscarves at the University of Istanbul did not violate Article 9 of the European Convention on Human Rights (ECHR). Some years before the European Court already declared inadmissible a complaint by a Swiss teacher of younger children who was fired because she was not willing to leave off her headscarf while teaching. The complaint was manifestly ill founded. In other European countries the wearing of headscarves by teachers and pupils has lead to political and legal discussions and actions as well. In France, new legislation based on the so-called Stasi-report forbids pupils in primary and secondary state schools to wear clearly visible religious symbols. The reasons behind this act of parliament were problems allegedly caused by the wearing of headscarves. In Germany, the Federal Constitutional Court decided that a ban on headscarves for teachers needs a basis in an act of parliament of the German states. It is up to the legislatures of the Länder to decide if such a ban should be issued. In the Netherlands, existing equal treatment law has been interpreted in such a way that teachers and pupils in state schools are allowed to wear headscarves.

scholarly journals Neka pitanja problematike razumnog roka u stečajnom postupku

2018 ◽  
Vol 39 (1) ◽  
pp. 479-503
Author(s):  
Sanja Grbić ◽  
Dejan Bodul
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Judicial Reform ◽  
Reasonable Time ◽  
European Court ◽  
Just Compensation ◽  
Protection Of Human Rights ◽  
The Right ◽  
Time Standard ◽  
The University

<span>Professor Aldo Radolović, Ph. D., in the Collected Papers of the Law Faculty of the University of Rijeka, in 2008 published an article titled "Protecting the Right to a Trial within the Reasonable Time - Real Opportunity, Overwhelming Adventure or Utopia?" pointing out already in the first sentence that it is one of the "most important and most interesting legal issues". Almost ten years after the issues of a reasonable time are still at the very top of the list of legal-political priorities of judicial reform. In this paper the authors are dealing with the analysis of two issues that we have connected in a single entity through the argumentation. Namely, in the event that the case has not been resolved within the time limit set by the President of the Court on the basis of the request for protection of the right to a trial within a reasonable time, a claim may be submitted to higher court seeking the payment of just compensation for violation of the right to a trial within a reasonable time. On the other hand, the European Court for Human Rights stated that the applicability of Article 6, paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and therefore of a reasonable time standard, on bankruptcy proceedings are unquestioned. In this context, the authors re-examine whether the long-term duration of the bankruptcy proceedings for a worker would result in a violation of the right to a trial within a reasonable time, especially regarding the right to just compensation for violation of the reasonable time of bankruptcy proceedings. Although different methodological approaches are available in analyzing this complex issue of the paper, the authors have opted for an analysis of the practice of the European Court of Human Rights in proceedings in addition to Article 6. (Right to a fair trial) because they are based on the assumption that knowledge about this can be crucial to understanding of main issues of this paper.</span>

Procedural Obligations Under the European Convention on Human Rights: Useful Guidelines for the Assessment of 'Unwillingness' and 'Inability' in the Context of the Complementarity Principle

2009 ◽  
Vol 9 (1) ◽  
pp. 39-75 ◽  
Author(s):  
Sandra Lyngdorf ◽  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Research Project ◽  
International Courts ◽  
Project Impact ◽  
Complementarity Principle ◽  
Hebrew University ◽  
University College London ◽  
Mass Atrocity ◽  
The University

AbstractThe authors are involved in a research project “Impact of International Courts on Domestic Criminal Procedures in mass atrocity cases” (DOMAC), uniting Hebrew University, University College London, Reykjavik University and the University of Amsterdam.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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