Convergence

2018 ◽  
Author(s):  
Daithí Mac Síthigh
Keyword(s):  
Human Rights ◽  
Public Service ◽  
Audiovisual Media ◽  
On Demand ◽  
European Court ◽  
Wide Range ◽  
Media Services ◽  
Non Linear ◽  
Telecommunications Law

The purpose of this chapter is to explain, in the context of telecommunications law and regulation, the regulation by EU and UK law of audiovisual and radio media services. Overarching principles are found in the Audiovisual Media Services Directive, which takes an approach described as technologically neutral, but established two top-level categories of regulation, for television (or linear) services and on-demand (or non-linear) services. In the case of television services, a wide range of standalone works and comprehensive Sections or chapters on the regulation of broadcasting are available. As such, the focus here (with a view to the interests of readers) is on licensing of content and multiplex services by Ofcom and the handling of complaints about those services, with a bias towards the standard licences for services on cable, satellite, internet, and digital terrestrial platforms, and the regulation of DTT multiplexes and of on-demand services, as opposed to detailed description of the BBC and the commercial public service broadcasters. Indeed, the European Court of Human Rights has regularly found that the regulation of communications infrastructure can have a real impact on the receiving and imparting of information.

scholarly journals Concept of abuse of procedural rights: general theoretical analysis (based on the case-law of the European Court of Human Rights)

2021 ◽  
pp. 166-175
Author(s):  
Taras Pashuk
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
European Convention ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
European Court ◽  
Wide Range ◽  
Restrictive Measures ◽  
Procedural Rights

The author analyses the concept of abuse of procedural rights with reference to the case-law of the European Court of Human Rights (ECtHR). In their applications to the ECtHR the applicants often claim that the violations the European Convention on Human Rights (the ECHR) were accompanied by various abuses by the domestic authorities. Such abuses may be of procedural nature and those matters are examined by the ECtHR quite often because the Convention is primarily aimed at protecting an individual from State arbitrariness. At the same time, the problem of abuse of procedural rights may arise before the ECtHR, when such acts were committed by an applicant. This aspect of the problem is being examined in the present article. In this regard the issue of abuse of procedural rights appears in the case-law of the ECtHR in the context of the complaints concerning the alleged violations of rights under the ECHR. This may happen when the State measures to address such a negative phenomenon (for example, penalty for the abuse of procedural right) may at the same time affect the fundamental rights under the Convention. Apart from that, this issue may arise in the context of the application of restrictive measures by the ECtHR itself due to applicants’ abuse of their right of individual petition to the ECtHR. The main features of the abuse of procedural rights arising from the case-law of the ECtHR are the following: (1) using the procedural right contrary to its purpose (in view of multiple purposes of human conduct, this condition implies the need to establish a dominant purpose in the procedural conduct of the person); (2) the presence of damage resulting from such procedural conduct; (3) the exceptional nature of such procedural conduct (implying the necessity to focus on the explicit and obvious facts of procedural abuses). The combination of these features should be used cumulatively in order to determine correctly the limits of applicability of this concept and distinguish it from other related concepts, such as legitimate use of procedural right, refusal to use the procedural right, good-faith mistake in procedural conduct. In addition, the lack of legislative regulation of this institution in the law on criminal procedure of Ukraine calls for the development of judicial practice under Article 185-3 of the Code of Administrative Offenses of Ukraine as regards the administrative liability for contempt of court. It is argued that the provisions of Article 185-3 of that Code, if given appropriate judicial interpretation, can cover a wide range of procedural abuses. Keywords: abuse of procedural right, realisation of subjective right, contempt of court.

scholarly journals Hate crimes and international institutions: A literature review

2021 ◽  
Author(s):  
Eszter Kirs
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Hate Crimes ◽  
International Standards ◽  
International Review ◽  
Academic Literature ◽  
European Court ◽  
Wide Range ◽  
Potential Impact ◽  
Academic Authors

AbstractThe paper reflects on academic literature on the international normative and institutional framework related to hate crimes. Various theoretical and pragmatic issues have been discussed by academic authors, such as the challenges coming with the obligation of states to record hate crimes or to conduct efficient investigation, the limits of the potential impact of international review mechanisms, or the aims and content of resolutions adopted by international institutions and judgments delivered by the European Court of Human Rights. However, a wide range of practical and conceptual issues related to the existing international standards and the efficiency of international review mechanisms remain to be discussed in the academic sphere.

scholarly journals VoD platforms and prominence: a European regulatory approach

2020 ◽  
pp. 1329878X2096745
Author(s):  
Mª Trinidad García Leiva
Keyword(s):  
Video On Demand ◽  
General Interest ◽  
The European Union ◽  
Audiovisual Media ◽  
On Demand ◽  
Digital World ◽  
Digital Contents ◽  
Media Services ◽  
European Regulatory ◽  
Regulatory Approach

In a scenario of abundance of digital contents, audiovisual works need to be easily discovered to be consumed. Prominence, therefore, becomes essential. In Europe, the idea of giving prominence became key to address how works can be promoted after the adoption of the Audiovisual Media Services Directive in 2007. In light of the amendment of this norm, this article provides an overview of the regulation regarding prominence of Video on Demand (VoD) services at the European Union (EU) level. The aim is to analyse its transposition into national provisions to identify different approaches and characterize them according to their implications for the general interest. It is concluded that to guarantee and justify that certain contents are easy to discover by citizens in an overwhelming digital world, the formulation of principles-based rules can be an appropriate solution.

The Conservatism of the European Court of Humans Rights Regarding Abortions on Demand

2015 ◽  
pp. 185-196
Author(s):  
Pitsou Anastasia
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Right To Privacy ◽  
Right To Life ◽  
On Demand ◽  
The Right To Privacy ◽  
European Court ◽  
The Right

In this chapter, the authors negotiate the fact that the European Court of Human Rights (ECtHR) missed the opportunity to recognize the right to abortion under specific criteria that are harmonized with the right to life and the right to privacy. It obviously remains a triumph of nationalism and of religious power over human dignity.

The European Court of Human Rights Interptetation of Migrants Cases: Basic Doctrinal Approaches

2019 ◽  
pp. 132
Author(s):  
SVITLANA KARVATSKA
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
National Level ◽  
Migration Policy ◽  
Practical Consideration ◽  
European Court ◽  
Wide Range ◽  
Migrants Rights ◽  
The Right ◽  
The Impact

The doctrinal substantiation of the practical consideration of precedents in relation to ensuring and violating the migrants’ rights is in sight of the representatives of various field of science. It is also a subject of complex international legal, political, historical, economic, demographic, anthropological and social studies. However, a rapid dynamic development, caused by various factors in migration processes, and its institutionalization requires picky and thorough scientific analysis of some important issues such as the migration problem, the impact of the right to migrate, political and rational incentives for migration, consideration of the interpretation of such cases by the European Court of Human Rights (ECtHR) for a further and comprehensive settlement of migration policy on both European and national level. Although particular steps are being taken to create a sustainable regulatory framework for the recognition and assurance of human rights in response to current challenges and to systemic drawbacks of the national human rights mechanism – the problems of migration and asylum are very urgent and thorny. The purpose of the article is to analyse doctrinal approaches and legal positions of the ECtHR in the process of interpretation in the field of migration. The use of the research methodology was caused by the specifics of the study subject. The comprehensive approach to analysis, which combines a wide range of philosophical, general scientific, special scientific and legal methods, served as a research basis. Thus, the dialectical method has allowed substantiating a regular nature of the formation of an evolutionary approach to the interpretation of ECtHR judgments. The anthropological approach emphasized on the place and role of man in the process of legal interpretation. With the help of the hermeneutic method, the concept of the categories “migrant”, “migrants’ rights”, “asylum”, as well as the content of the doctrinal approaches and legal positions of the Court were disclosed, while a systematic method reflected the interrelationship between them. The statistical method made it possible to quantitatively synthesize the case law of the ECtHR in the field of migration and asylum. The use of the comparative method allowed to carry out a comparative analysis of doctrinal approaches employed by the Court in considering various categories of migration issues in different periods of its activities. It is proved that the ECtHR uses many doctrinal approaches, the Court emphasizes on the need to adhere to the principle of wide margin of appreciation. In cases of deportation of foreigners convicted of a criminal offense, the Court is guided by the principle of proportionality. Most of the cases examined by the ECtHR concerning migrants are related to the provision of asylum. The interpretation activities of the Court are focused on identifying barriers to asylum and formulating the principle of prohibition of dismissal, if the asylum seeker was forced to leave his country caused by various circumstances such as humanitarian crisis, non-selective violence, real threat / danger, denial of justice, or unlawful detention or conviction by a manifestly unfair trial in country of residence, or procedural violations against migrants and etc. The ECtHR has also focused on assessing the risks of not granting asylum, in particular, harsh treatment and has formulated the predominance principle of the child’s extraordinary vulnerability, which prevails over the status of the illegal stay presence as a foreigner on the territory of the state

scholarly journals Producing the on-air schedule in Danish public service television in the digital era

2018 ◽  
Vol 13 (2) ◽  
pp. 137-152 ◽  
Author(s):  
Hanne Bruun
Keyword(s):  
Public Service ◽  
Video On Demand ◽  
Promotional Material ◽  
Profound Impact ◽  
The Public ◽  
On Demand ◽  
Digital Era ◽  
Production Study ◽  
Non Linear ◽  
Production Practices

This article presents results from a production study on how the on-air schedule is changing in the digital era at the Danish public service broadcaster, TV 2. TV 2’s multichannel and increasingly non-linear television portfolio has a profound impact on the production practices involved in order to meet the public service obligations. The analysis shows that the producers develop new ways to secure an audience of scale under these conditions. So far three lessons are learned: First, the workflow of promoting content and the demands on the qualities of the promotional material have changed. Second, an understanding of the interplay between flow and subscribtion-video-on-demand (SVOD) scheduling is emerging. And third, a renewed focus is put on branding the viewer–provider relationship. The article concludes that the production of on-air scheduling makes the contours of what can be termed ‘a third television paradigm’ visible in which a distinction between linear and non-linear television does not apply.

scholarly journals The Country of Origin Principle and the Applicable Law for Obligations Related to the Benefit of Information Society Services

2020 ◽  
Vol 11 ◽  
pp. 161-183
Author(s):  
Mateusz Kotkowski
Keyword(s):  
Information Society ◽  
European Union Law ◽  
Applicable Law ◽  
Audiovisual Media ◽  
Court Of Justice ◽  
European Court ◽  
Legal Nature ◽  
Media Services ◽  
Origin Principle ◽  
Scope Of Application

The article takes all of the abovementioned legacy of European Union Law into consideration while analysing them in depth through the prism of the principle in question and via careful comparisons of each of them as well. Particular attention is paid to the following issues, namely: the legal nature of the principle in question, its treaty sources, its scope of application, the principle in question in the light of the abovementioned directives – namely the Directive on audiovisual media services and the Directive on electronic commerce; and finally – relationships between provisions of the two aforementioned directives in the context of audiovisual media services on demand. While working on the text, all of the mentioned parts of the main subject turned out to be important enough to put them into separated sections of the text with their own individual headings. In the meantime, several interesting subject-related sentences by the European Court of Justice were also taken into account for a broadened pool of reference. To sum it all up: ultimately, the principle in question and its potential influence on the practical functioning of the European Union’s law and economy has been considered thoroughly.

The Disjunctive Structure of Positive Rights under the European Convention on Human Rights

2018 ◽  
Vol 87 (3) ◽  
pp. 344-392 ◽  
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Human Rights ◽  
Theoretical Model ◽  
European Convention ◽  
Protective Measures ◽  
Theoretical Literature ◽  
European Court ◽  
Positive Rights ◽  
Wide Range ◽  
Disjunctive Structure

The European Court of Human Rights (ECtHR) has reiterated that states have discretion regarding what means to use to fulfil their positive obligations under the European Convention on Human Rights (ECHR). Given the “wide range of possible measures” that could be taken to ensure compliance with positive rights, these rights have a disjunctive structure since an omission has no definitive counterpart. This article examines how the ECtHR deals with the disjunctive structure of positive rights and how it addresses alternative protective measures that could have been extended. In order to identify the main points of contention, I first draw on legal-theoretical literature that has grappled with the structure of positive rights. I then examine what the Court actually does when it adjudicates positive obligation cases under qualified and unqualified rights. I analyse how and why the review endorsed in the ECtHR’s judgments diverges from or converges with the theoretical model.

scholarly journals Evolutionary trends in the interpretation of the European Court of Human Rights under the European Convention on Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 88-102
Author(s):  
Svitlana Karvatska ◽  
Mariia Blikhar ◽  
Nataliia Huralenko
Keyword(s):  
Human Rights ◽  
The State ◽  
International Justice ◽  
European Convention ◽  
Judicial Activism ◽  
Evolutionary Trends ◽  
Legal Norms ◽  
European Court ◽  
Wide Range ◽  
Formal Application

The purpose of this Article is to analyse evolutionary trends in the interpretation of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR). To achieve this goal, a wide range of general philosophical methods were used. The Article submits that the ECHR has shown a growing commitment to the evolutionary method of interpretation, using the doctrine of a "living instrument", the ECHR, which is particularly important for Member States with specific problems, although this method limits the scope in the discretion of the State. It is concluded that the interpretative methodology used by the ECHR involves the use of its methods, including increasingly developing methods of consensus, efficiency, judicial activism, comparison, innovative interpretation, autonomous method, and "balance" method. This demonstrates, inter alia, the unlimited potential to improve the ECHR's interpretation of conventional standards. In the context of modern transformations in the direction of proactive international justice, judicial activism objectively departs from a formal application of legal norms and reflects the ECHR's desire to protect the fundamental human rights of individuals and communicatethem.

The Project

2019 ◽  
pp. 6-31
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Current Status ◽  
The European Union ◽  
International Human Rights ◽  
European Court ◽  
Wide Range ◽  
The Us ◽  
Central Argument ◽  
International Human

Chapter 1 inaugurates the project by setting out the current status of intersectionality in discrimination laws across jurisdictions, including the US, UK, South Africa, Canada, and India, and in the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, and international human rights treaty bodies. Although each jurisdiction’s tryst with intersectionality has been unique, the survey concludes by pointing out the similarities between the continuing legislative and judicial struggles in redressing intersectional discrimination successfully. This prepares the stage for the current intervention. The chapter goes on to define the central argument of this work and the parameters within which it unfolds. In particular, it explains the choice of comparative jurisdictions and the wide range of materials employed in making a case for intersectional discrimination.

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