scholarly journals Judicial Review of Decisions Relating to Inspections of the President of the Polish Office of Competition and Consumer Protection – Between the Judgment of the European Court of Human Rights in Case Delta Pekárny v. The Czech Republic and the Judgement of the Polish Constitutional Tribunal of 16 January 2019 in Case P 19/17

2019 ◽  
Vol 24 (2) ◽  
pp. 187-197
Author(s):  
Bartosz Targański ◽  
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Consumer Protection ◽  
Judicial Review ◽  
The Czech Republic ◽  
European Court ◽  
Constitutional Tribunal

It Takes a Village to Implement a Judgment: Creating a Forum for Multi-Stakeholder Involvement in the Czech Republic

2020 ◽  
Vol 12 (1) ◽  
pp. 193-198
Author(s):  
Vít Alexander Schorm
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Stakeholder Involvement ◽  
The Czech Republic ◽  
European Court ◽  
National Implementation ◽  
Protection Of Human Rights ◽  
The Government ◽  
Multi Stakeholder

Abstract In this practice note, the Government Agent of the Czech Republic before the European Court of Human Rights and other international bodies for the protection of human rights reflects on national implementation, with the help of selected examples.

scholarly journals An evolving conception of discrimination in Europe

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Simone Abel
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Ethnic Origin ◽  
European Convention ◽  
The Czech Republic ◽  
Segregated Schools ◽  
South Wales ◽  
European Court ◽  
Indirect Discrimination ◽  
Grand Chamber

CESAA 19th ANNUAL EUROPE ESSAY COMPETITION 2011 - Postgraduate winner: Simone Abel (University of New South Wales)In 2007, the European Court of Human Rights’ Grand Chamber handed down its judgment in DH and Others v Czech Republic. The case arose out of the disproportionately high number of Roma children assigned places in segregated schools for children with intellectual disabilities in the Czech Republic. It was alleged that this practice discriminated against Roma children who had normal, or even above normal, intelligence levels. The applicants claimed that they had been discriminated against in the enjoyment of their right to education on account of their race or ethnic origin  TheCourt made a finding of indirect discrimination against the Czech government. Commentators have hailed this as a landmark judgment that expands the conception of discrimination under the European Convention on Human Rights. This paper will discuss how this finding differs from the First Chamber’s judgment and other ECHR caselaw to alter the conception of discrimination under the European Convention on Human Rights.

6 Responsibility, 6.4 Admissibility of the Application by Vlastimir and Borka Banković, Živana Stojanović, Mirjana Stoimenovski, Dragana Koksimović, and Dragan Suković against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom , European Court of Human Rights, Grand Chamber Decision, [2001]

2016 ◽  
Author(s):  
Scovazzi Tullio
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
The Netherlands ◽  
Radio Station ◽  
European Convention ◽  
Right To Life ◽  
The Czech Republic ◽  
The United Kingdom ◽  
European Court ◽  
Grand Chamber

The Bankovic case is one of few cases in which the European Court of Human Rights took a position that, without an acceptable explanation, restricts the application of rights granted by the European Convention on Human Rights. The application was submitted by individuals who put forward that in 1999 seventeen states parties violated art. 2 (right to life) of the Convention by bombing by aircraft the television and radio station in Belgrade. As a consequence of this NATO directed operation sixteen civilians were killed and another sixteen were seriously injured. The Court found that it had no jurisdiction to entertain the case, as at that time Yugoslavia was not a party to the Convention. The Court gave a too restrictive interpretation of the word ‘jurisdiction’ to basically conclude that the Convention applies only within the territory of states parties. The Bankovic decision has been contradicted by subsequent judgments.

D.H. and Others v. Czech Republic: a major set-back for the development of non-discrimination norms in Europe

2006 ◽  
Vol 7 (4) ◽  
pp. 421-431 ◽  
Author(s):  
Morag Goodwin
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Eastern Europe ◽  
Racial Discrimination ◽  
Central And Eastern Europe ◽  
Racial Segregation ◽  
Special Schools ◽  
The Czech Republic ◽  
European Court ◽  
Centre Piece

On 7 February 2006, a chamber of the European Court of Human Rights gave judgment in the much awaited ‘Ostrava case’, which challenged the placing of disproportionate numbers of Romani children in ‘special schools’ for the learning impaired in the Czech Republic. This practice, widespread across Central and Eastern Europe, amounts in effect to racial segregation and denies Romani children access to a standard of education comparable to their non-Romani peers. The Ostrava case, taking eight months to assemble and seven years to reach judgment day in Strasbourg, represented the centre-piece of the litigation strategy of the Romani rights movement. The decision of the Strasbourg Court to ignore the evidence of indirect racial discrimination by a 6-1 majority represents not only a setback for those working for the improvement of the situation of the Roma – widely acknowledged as the most disadvantaged, discriminated and marginalised group in Europe – but also for the crystallisation of non-discrimination norms in Europe.

Czech Militant Democracy in Action

2011 ◽  
Vol 26 (1) ◽  
pp. 33-55 ◽  
Author(s):  
Miroslav Mareš
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Political Parties ◽  
Historical Development ◽  
Communist Regime ◽  
The Political ◽  
The Czech Republic ◽  
European Dimension ◽  
European Court ◽  
Legislative Framework

This article analyses the dissolution of the extreme right Workers’ Party by the Czech courts in 2010. It situates the case in the historical development of party closures by militant democracy on Czech territory and explains why the Workers’ Party was the first party to be dissolved in the Czech Republic after the fall of the Communist regime. It also describes the legislative framework in contemporary Czech law for the dissolution of political parties. It details the political and legal repercussions of the ruling and the wider discussions it provoked, not only in political and expert circles but also among the general public. Given the fact that the case was taken to the European Court of Human Rights in Strasbourg, the European dimension of the dissolution of the Workers’ Party is also analysed.

The Czech Republic in the UN Human Rights Council 2011 – 2014

2019 ◽  
pp. 247-265
Author(s):  
Lucie Hanzlíčková ◽  
Irena Melounová ◽  
Štěpánka Zemanová
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
The Czech Republic ◽  
Human Rights Council

Conclusion The American and Westminster Models

2021 ◽  
pp. 391-396
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
The United States ◽  
State Of Emergency ◽  
The United Kingdom ◽  
European Court

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

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