Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms

ICL Journal ◽  
2015 ◽  
Vol 9 (4) ◽  
Author(s):  
Daniel Marius Morar ◽  
Mihaela Senia Costinescu
Keyword(s):  
Fundamental Rights ◽  
Constitutional Court ◽  
Fundamental Rights And Freedoms

Constitutional Court and Constitutional Review in Albania

ICL Journal ◽  
2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Brunilda Bara ◽  
Jonad Bara
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
Historical Changes ◽  
Division Of Powers ◽  
Fundamental Rights And Freedoms ◽  
Legal Writers

AbstractThis article tends to give an insight on the historical and institutional develop­ment of the Constitutional Court of Albania, on the need of the society and the historical changes that led to its creation.It focuses especially on the role and competences of this Court on the protection of the rule of law, of the constitutional principles, on the balancing and division of powers, on the protection of the fundamental rights and freedoms of individuals. Its aim is to provide overall information on the functioning and standards it follows.It is based on the jurisprudence of this Court during the years and is enriched by its deci­sions on particular subjects and compares this Court to other similar ones in Eastern Euro­pean countries.The article is mainly directed to scholars and legal writers whose aim is to compare the organization and functioning of the Constitutional Court of Albania to other similar courts.

scholarly journals An Expanding Meaning of Presidential Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2020 ◽  
pp. 43-52
Author(s):  
A. A. Uvarov
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Public Authorities ◽  
Public Power ◽  
Constitutional Amendments ◽  
The Russian Federation ◽  
Fundamental Rights And Freedoms

The paper deals with the issues of interconnectedness and the role of constitutional amendments introduced by the President of the Russian Federation to the current Constitution of the Russian Federation on January 20, 2020. In assessing the meaning and content of a great deal of amendments to Chapter 3 of the Constitution of the Russian Federation, the author concludes that they have additional, however, sometimes more important value in the context of the hierarchy of constitutional norms, which is directly related to the chapters of the Constitution that are not subject to any revision. Despite the formal inalterability, the foundations of the constitutional order have in fact as a result of the amendments gained such new provisions as: “the stateconstituing people that is a part of the multinational union of equal peoples of the Russian Federation”; “ban on alienation of a part of the territory of the Russian Federation and calls for such actions”; “non-enforcement of decisions of interstate bodies adopted on the basis of the provisions of international agreements of the Russian Federation in their interpretation contrary to the Constitution of the Russian Federation”; “the state guarantee of minimum wage not less than the minimum living wage of the working population.” The rules governing certain fundamental rights and freedoms of man and citizen (art. 37–39, 44 of the Constitution of the Russian Federation) have been supplemented with new content without being formally altered. Ambivalence of local self-government leading to opposition between local and state authorities, partly resulting from the provision of Article 12 of the Constitution of the Russian Federation concerning the autonomy of local self-government bodies. Their failure to enter the system of public authorities is partially minimized by the provision on their unity in the system of public power. However, many, and at first glance minor, amendments to Chapter 8 of the Constitution of the Russian Federation significantly reduce the potential of power for the local population, turn the constituent rules concerning its powers to the reference rule. The conclusion draws attention to some issues in the activity of the Constitutional Court of the Russian Federation on the implementation of these constitutional amendments.

Constitutionalisation of International Human Rights Law in the Jurisprudence of the Egyptian Supreme Constitutional Court

2018 ◽  
Vol 32 (3) ◽  
pp. 242-262
Author(s):  
Islam Ibrahim Chiha
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Development Education ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Human ◽  
Fundamental Rights And Freedoms

Abstract This article examines the status of international human rights law in the Egyptian legal system and investigates how Egypt’s Supreme Constitutional Court (SCC) uses international and foreign law in its constitutional interpretation of fundamental rights and freedoms. I argue that integrating international human rights law into the jurisprudence of the SCC is imperative both for protecting the rights and freedoms of Egyptian people and for resolving potential conflicts between national law and international law. I rely on cases covering rights to marriage, development, education and equality (especially for persons with disabilities).

scholarly journals Extraordinary Measures in Extraordinary Times: Legal Response to the COVID-19 Crisis in Bosnia and Herzegovina

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Igor Milinković
Keyword(s):  
Bosnia And Herzegovina ◽  
Freedom Of Expression ◽  
Private Life ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Freedom Of Movement ◽  
Legal Response ◽  
Fundamental Rights And Freedoms ◽  
The Right ◽  
Restrictive Measures

The COVID-19 pandemic has profoundly affected all aspects of people’s daily lives. In response to the pandemic, many countries declared a state of emergency. Extraordinary measures have been implemented to reduce the spread of the new coronavirus. Some of these measures require significant restrictions of fundamental rights and freedoms, such as the right to privacy, freedom of movement, freedom of assembly, freedom of expression, religious freedoms etc. In Bosnia and Herzegovina (BiH), the BiH and entity authorities adopted decisions to provide a legal basis for implementation of extraordinary measures. The paper deals with the restrictive measures implemented during the COVID-19 crisis in BiH and their impact on human rights realization. The relevant decisions of the Constitutional Court of BiH are also analysed, including the decision in case AP-3683/20 according to which certain restrictive measures are contrary to the right to respect of private life and the freedom of movement.

scholarly journals Structure of the Constitutional Courts in Comparative Law: Macedonia, Turkey, Germany, Austria, France, Italy and Spain

2014 ◽  
Author(s):  
Ebru Karaman
Keyword(s):  
Working Condition ◽  
Comparative Law ◽  
Fundamental Rights ◽  
Employee Rights ◽  
Judicial Power ◽  
General Assembly ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
The Status ◽  
Fundamental Rights And Freedoms

When the legislative has delimited rights and freedoms illegally, Constitutional Court should step in as an efficient assurance and this forcefulness is undoubtedly related to the structure of the Constitutional Court. The Constitutional Court's organization and election of the members of the Constitutional Court and status have a great importance for freedom of the Court. As a matter of fact, the only way to protect people’s fundamental rights and freedoms is possible with independent verdict. Judiciary which fulfills the function of judgment behalf of the nation and the judges who hold the judicial power, have an indispensable importance. The assurance of people’s right and freedoms could be provided only, when the court has accomplished their mission away from all kinds of pressure and influence. The freedom of judges also means their appointments, employee rights and working condition therefore; in first place, the organization of the Turkish Constitutional Court (General Assembly, Department, Division, Commission), then the election of members of the Turkish Constitutional Court and the status are compared with the regulation of Macedonia, Germany, Austria, France, Italy and Spain.

scholarly journals Declaration of Tax Information in Constitutional Court Cases in the Czech Republic

2019 ◽  
Vol 4 (1) ◽  
pp. 58-70
Author(s):  
Tomáš Sejkora
Keyword(s):  
Czech Republic ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Court Cases ◽  
The Czech Republic ◽  
Scientific Methods ◽  
Charter Of Fundamental Rights ◽  
Fundamental Rights And Freedoms ◽  
Law And Legislation

This contribution is focused on the trend to demand various declaration of taxable persons via specific forms issued based only on the wide and vague authorisation of the Ministry of Finance of the Czech Republic. The aim of this paper is to familiarise readers with the relevant Czech regulation and case law of the Czech Constitutional Court and to provide conclusions evaluating this case law and legislation. The beginning of this paper is devoted to respective provisions of the Tax Procedure Code, Charter of Fundamental Rights and Freedoms, Act on VAT and Act on Transactions evidence. Then, the part dealing with the development of the Constitutional Court approach evaluating the practice of the tax administration follows. Finally, the author provides his conclusions estimating future development in this issue. Scientific methods used in this paper are analysis, induction, deduction and description. The aim of the contribution is therefore the evaluation how the recent case law will affect the current legislation and what steps should be made by the Czech Parliament.

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.

scholarly journals APOTEOZA SOCIJALNE DRŽAVE: IMPERATIVNI ZAHTJEV OSTVARENJA SOCIJALNE PRAVDE U REPUBLICI HRVATSKOJ

2021 ◽  
Vol 37 (3-4) ◽  
pp. 57-80
Author(s):  
Valentino Kuzelj ◽  
Sonja Cindori ◽  
Ana Horvat Vuković
Keyword(s):  
Fundamental Rights ◽  
Social Rights ◽  
Constitutional Court ◽  
Cultural Rights ◽  
Socioeconomic Rights ◽  
Active Approach ◽  
International Obligation ◽  
The Republic ◽  
The Government ◽  
Fundamental Rights And Freedoms

By deliberate choice of the Croatian constitution-makers, the Constitution of the Republic of Croatia protects all economic, social and cultural rights guaranteed by constitutions of developed European democracies and by the International Covenant on Economic, Social and Cultural Rights to which Croatia is a party. This creates a dual (constitutional and international) obligation for the Croatian legislature to establish a socially just order. Although the constitutional text places both of the human rights generations within the same title, the constitutional jurisprudence adopted a position, whereby socioeconomic rights are excluded from the sphere of organic laws used to elaborate the constitutionally guaranteed fundamental rights and freedoms. This development notwithstanding, the potential of their protection before the Constitutional Court has not been reduced, as the Court has developed an impressive list of doctrinal positions on the nature of social rights, committing to the concept of social state as a foundational element of European constitutionalism. Still, we would be remiss if we did not emphasize the Constitutional Court's passive stance towards the political branches of the government regarding the social rights and must therefore plead for a more active approach in that regard.

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