CONSTITUTIONAL PROTECTION AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS-AN IRISH JOKE? THE PUNCHLINE

1981 ◽  
Vol 44 (5) ◽  
pp. 541-545 ◽  
Author(s):  
Gerry Whyte
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Constitutional Protection

The Right of Assembly in Central Europe

2020 ◽  
pp. 163-185
Author(s):  
Petr Černý
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Freedom Of Expression ◽  
Slovak Republic ◽  
Legal Regulation ◽  
European Convention ◽  
The Czech Republic ◽  
Constitutional Protection ◽  
The Right ◽  
Right Of Assembly

The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly.  In each of above-mentioned countries, the assembly to which constitutional protection is granted, the definitiondiffers slightly; with the widest concept of assembly deriving from the judicature of the ECHR. The constitutional protection of the Assembly, in particular found in Germany and Austria, which is significantly narrower than the protection provided by the European Convention on Human Rights, may thus at some stage come  into conflict with the requirements of the ECHR. The section devoted to freedom of speech deals, among other things, with cases exhibiting shocking photographs, which were part of the campaign against abortion, in front of schools in the Czech Republic and the Slovak Republic. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. This has been the focus of the professional public and the courts for a long time, especially in Germany.

Effizienterer Menschenrechtsschutz durch Vorabbefassung des Europäischen Gerichtshofs für Menschenrechte?

2019 ◽  
Vol 102 (3) ◽  
pp. 253-274
Author(s):  
Thomas Klein ◽  
Katrin Treppschuh
Keyword(s):  
Human Rights ◽  
European Convention ◽  
German Government ◽  
Human Rights Protection ◽  
Constitutional Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Moment ◽  
Advisory Opinions

Protocol No. 16 to the European Convention on Human Rights (ECHR), which came into force in August 2018, enables the member States to request the European Court of Human Rights to give advisory opinions on questions of principle relating to the interpretation and application of the rights and freedoms defined in the Convention and the Protocols thereto. The German Government does not consider it necessary to sign and ratify Protocol No. 16 at the moment referring to the well-developed constitutional protection of Human rights in Germany. This article critically assesses this view and argues that the possibility to apply to the Court for advisory opinions can contribute to making Human rights protection in Germany more effective.

scholarly journals The constitutional protection of property: The case of Kosovo

SEER ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 53-66
Author(s):  
Ardrit Gashi
Keyword(s):  
Human Rights ◽  
Best Practice ◽  
Fundamental Rights ◽  
European Convention ◽  
Constitutional Court ◽  
General Applicability ◽  
Public Authorities ◽  
Constitutional Protection ◽  
European Court ◽  
Fundamental Rights And Freedoms

One of the main constitutional legal protections in Kosovo is that applying to property. The Constitution guarantees this and it can therefore be realised at the Constitutional Court. Problems regarding the protection of property have, for many reasons, been a continuous feature of Kosovan institutions and society, notably after 1999. Therefore, this topic, both in the light of the constitutional provisions and in interaction with the standards and interpretations of the European Court of Human Rights, constitutes a highly important one for analysis. This article presents aspects of the requirements for filing complaints over the protection of property, emphasising the position of the European Convention on Human Rights in the Kosovo legal system and the application of Protocol 1 of the Convention. The paper refers mainly to Kosovo, but the academic discourse it generates has general applicability. The Constitutional Court, based on Article 53 of the Constitution, obliges all public authorities to implement the best practice of the European Court in adjudicating the Constitutional guarantees on fundamental rights and freedoms.

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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