Data protection and the right of personality with regard to rating platforms: decisions of the German Federal Supreme Court

2016 ◽  
Vol 11 (1) ◽  
pp. 46-48
Author(s):  
Gregor Schmid ◽  
Tina Gausling
Keyword(s):  
Supreme Court ◽  
Data Protection ◽  
The Right ◽  
Federal Supreme

New Boundaries for the Right to Be Forgotten?

2020 ◽  
pp. 302-314
Author(s):  
Federica Casarosa ◽  
Dianora Poletti
Keyword(s):  
Supreme Court ◽  
Data Protection ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
National Courts ◽  
Right To Be Forgotten ◽  
The Supreme Court ◽  
General Data ◽  
Grand Chamber ◽  
The Right

The right to be forgotten has come to the forefront of the academic debate as a reaction to Court of Justice's decision in case C-507/17 Google LLC c. CNIL concerning the issue of geographical extension of the delisting obligation. Along with the development of CJEU jurisprudence, national courts have developed their own caselaw interpreting and adapting the right to be forgotten, now included in art 17 of the General Data Protection Regulation, to the pre-existing legal framework. Italian courts, and in particular the Italian Supreme Court, have addressed in several occasions the features and facets of the right to be forgotten, and the recent decision of the Grand Chamber (n. 19681, 22 July 2019) is the last though not the least. Starting form this decision, the chapter will analyse how the Supreme Court has attempted to systematise the right to be forgotten distinguishing what is called the traditional application of the right from the ones emerging in the digital context.

Data Processing as an Abuse of Market Power in Multi-Sided Markets. The More Competition-Oriented Approach in the German Federal Supreme Court’s Interim Decision KVR 69/19 – Facebook

2021 ◽  
Author(s):  
Mark-Oliver Mackenrodt
Keyword(s):  
Data Processing ◽  
Supreme Court ◽  
Market Power ◽  
Data Protection ◽  
Competition Law ◽  
Competition Authority ◽  
Data Protection Law ◽  
Court Proceedings ◽  
The Relationship ◽  
Federal Supreme

Abstract The relationship between competition law and data protection law has been a highly controversial issue following the German Competition Authority’s (Bundeskartellamt, hereinafter ‘Competition Authority’) decision with regard to Facebook’s data processing policy. The Competition Authority’s theory of harm was centered around an exploitative abuse of market power through the imposition of a data processing policy which is in conflict with the data protection rules. In the interim court proceedings, the OLG Düsseldorf criticized the Competition Authority’s decision. The German Federal Supreme Court (Bundesgerichtshof, hereinafter ‘Federal Supreme Court’) upheld the Competition Authority’s decision. However, the Federal Supreme Court did not derive the exploitative abuse primarily from a mere violation of data protection law. Instead, the Court referred to the users’ lack of freedom of choice. The Court developed a modified theory of harm by identifying elements of an exploitative abuse but also of an exclusionary abuse. The Court’s line of argument is more competition-oriented and accounts for the particular economic features of multi-sided markets. In this line of reasoning, an actual violation of the data protection rules is not a necessary prerequisite for finding a violation of competition law.

scholarly journals Comment: Legitimizing Gerrymandering in the Harari Regional State Contrary to the Principle of Equality of Votes

2021 ◽  
Vol 15 (1) ◽  
pp. 271-296
Author(s):  
Simeneh Kiros Assefa
Keyword(s):  
Supreme Court ◽  
National Council ◽  
State Constitution ◽  
Regional State ◽  
Minority Ethnic Groups ◽  
Legal Foundation ◽  
Article 50 ◽  
The Right ◽  
Minority Ethnic ◽  
Federal Supreme

The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state.  NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence. 

scholarly journals CONTROLE JUDICIAL DA EFETIVAÇÃO DO DIREITO À SAÚDE E O PRINCÍPIO DA ESCASSEZ

2017 ◽  
Vol 4 (1) ◽  
pp. 198
Author(s):  
Alexandre Machado De Oliveira ◽  
Celso De Barros Correia Neto
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Right To Health ◽  
Health Law ◽  
Judicial Control ◽  
Scarce Resources ◽  
Finance Law ◽  
The Supreme Court ◽  
The Right ◽  
Federal Supreme

RESUMO: O artigo discute os parâmetros do controle judicial da efetivação do direito à saúde, considerando especialmente o princípio da escassez. A metodologia adotada abrange revisão bibliográfica da doutrina de direito constitucional, financeiro e sanitário, conjugada com a análise da jurisprudência do Supremo Tribunal Federal. O artigo compreende oito tópicos, que envolvem uma abordagem do direito fundamental à saúde; a escassez dos recursos para a efetivação deste direito fundamental social; para, enfim, ingressar na questão do controle judicial de sua efetivação, abordando os desafios da realização de uma justiça distributiva, a necessidade de uma abordagem centrada na população, os critérios estabelecidos pelo Supremo Tribunal Federal, resultando na proposta de uma decisão que se afaste da regra de resgate e passível de uma audiência universal.PALAVRAS-CHAVE: Direito Financeiro. Direito à Saúde. Princípio da Escassez. Controle Judicial. SUMMARY: This article studies the judicial control of the effetuation of the right to health considering the lack of scarce resources. The methodology includes a literature review of the constitutional, finance and health law doctrine, combined with the analysis of the Brazilian Federal Supreme Court jurisprudence. This article comprises eight topics, which involve a fundamental right to health approach; the scarce resources for the effetuation of this fundamental social right; finally, to enter the issue of judicial review of its effectiveness, addressing the challenges of achieving distributive justice, the need for an approach based on population, the criteria established by the Supreme Court, resulting in the proposal for a decision that departs the rescue rule and be subject to an universal audience.KEYWORDS: Public Finance Law. Right to Health. Scarcity Principle. Judicial control.

Felony Trials Without a Jury

1931 ◽  
Vol 25 (4) ◽  
pp. 980-995 ◽  
Author(s):  
J. A. C. Grant
Keyword(s):  
Supreme Court ◽  
Jury Trial ◽  
Administrative Discretion ◽  
Criminal Cases ◽  
Open Court ◽  
Jury Trials ◽  
The Supreme Court ◽  
Judicial Procedure ◽  
The Right ◽  
Federal Supreme

Recent crime surveys have shown that the majority of contested felony cases are never tried in open court, being settled instead by the striking of a “bargain” between the defendant and the prosecuting officer. Administrative discretion has thus largely supplanted judge and jury alike. The practice has been severely criticized by Professor Moley, who characterizes it as “ psychologically more akin to a game of poker than to a process of justice,” being “an attempt to get as much as possible from an unwilling giver” rather than “a search for truth.” In view of the technicalities and delay that were permitted to develop in connection with jury trials, the utilization of some such avenue of escape would seem to have been inevitable. The practice may be expected to develop still further unless judicial procedure is improved to a point where a trial becomes an efficient means of disposing of contested criminal cases.In most jurisdictions, the only alternative to such a compromise agreement has been a jury trial. Trial by a judge alone, the right to a jury being waived, has been regarded as of doubtful constitutionality. Recent decisions of the federal Supreme Court and of the supreme court of Illinois, sustaining such non-jury trials even in the absence of statutory authorization, have gone far toward dispelling this doubt, and warrant an examination of the practical working of the waiver plan in those jurisdictions where it has been given a trial.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court

2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann
Keyword(s):  
Supreme Court ◽  
Federal Law ◽  
Large Scope ◽  
Forest Law ◽  
Federal Jurisdiction ◽  
Forest Legislation ◽  
Definition Of ◽  
Forest Status ◽  
Area Planning ◽  
Federal Supreme

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.

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