scholarly journals ŽMOGAUS TEISIŲ APSAUGA EUROPOJE IR EUROPOS SĄJUNGOS PRISIJUNGIMAS PRIE ŽMOGAUS TEISIŲ IR PAGRINDINIŲ LAISVIŲ APSAUGOS KONVENCIJOS

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 109-125
Author(s):  
Gintarė Pažereckaitė ◽  
Jevgenija Vienažindytė
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Current State ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

Straipsnyje analizuojama žmogaus teisių apsauga Europoje, garantuojama pagal Europos Sąjungos ir Europos Tarybos (konkrečiai – Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos) teisines sistemas. Nagrinėjama dviejų regioninių teismo institucijų (Europos Žmogaus Teisių Teismo ir Europos Sąjungos Teisingumo Teismo) praktika ir kai kurios žmogaus teisių apsaugos užtikrinimo Europoje problemos. Straipsnyje vertinamas galimas Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poveikis žmogaus teisių apsaugai Europoje. Analizuojamos Prisijungimo sutarties projekte siūlomos procesinės taisyklės ir galimi jų trūkumai. Galiausiai pateikiamos įžvalgos dėl šiuo metu esamo žmogaus teisių apsaugos lygio Europoje pakankamumo, kurios iš dalies galėtų būti pagrindas vertinti Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poreikį. The article analyses human rights protection in Europe guaranteed in the legal systems of the European Union and the Council of Europe (i.e. the Convention for the Protection of Human Rights and Fundamental Freedoms). It examines case law of two regional judicial institutions (European Court of Human Rights and Court of Justice of the European Union) and certain problems of human rights protection in Europe. The article also assesses what impact the European Union accession to the Convention for the Protection of Human Rights and Fundamental Freedoms could have on the human rights protection in Europe; and analyses rules and procedures proposed in the draft Accession agreement, and their possible flaws. Finally, views on the current state of human rights protection in Europe are presented, which in a way gives a basis to question the need for the European Union to accede to the Convention.

EU values reflection in ECtHR case law

2021 ◽  
pp. 23-29
Author(s):  
Dmytro Boichuk ◽  
Kateryna Torhashova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Practical Implementation ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article focuses on the importance of the European Union's values in the development of the legal system of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, and for the functioning of the European Union, further integration processes and their reflection in the case law of the European Court of Human Rights. The ideological interpretation and practical implementation of these decisions are reflected.

Effects of the Measures Undertaken by the European Mediator Regarding the Protection of Human Rights

2020 ◽  
Vol 10 (2) ◽  
pp. 549
Author(s):  
Claudiu IGNAT
Keyword(s):  
European Union ◽  
Human Rights ◽  
Social Impact ◽  
European Union Member State ◽  
Main Function ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social ◽  
Protection Of Human Rights

The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.

scholarly journals ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

scholarly journals Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases

2019 ◽  
Vol 59 (1) ◽  
pp. 97-109
Author(s):  
Elżbieta Kużelewska
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Baltic States ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Baltic ◽  
Domestic Law

Abstract The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent did Estonian, Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights.

Fight against terrorism and human rights in Europe

2021 ◽  
Author(s):  
E.V. Skurko
Keyword(s):  
Human Rights ◽  
The United States ◽  
The European Union ◽  
Council Of Europe ◽  
Regional Organizations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Terrorist Acts ◽  
Rights Issues

The article analyzes contemporary problems of the fight against terrorism in Europe in the context of human rights protection. The human rights issues acquired a new dimension after the terrorist attacks of September 11, 2001 in the United States, which fundamentally changed the attitude towards terrorism and the fight against it around the world. Today, the European perspective on the protection of human rights in the context of the fight against terrorism remains within the framework of the UN approaches and is mainly developed in such international regional organizations as the Council of Europe (CoE), the Organization for Security and Cooperation in Europe (OSCE), and the European Union (EU) system. The European states have undertaken to implement all necessary measures to protect human rights and freedoms, including – and especially – against terrorist acts. All measures taken in the fight against terrorism in Europe should be based on the observance of human rights, as well as the rule of law, including elimination of all forms of arbitrariness and discrimination, and be subject to supervisory procedures. The latest counter-terrorism strategies in Europe are based on the principles of inclusiveness and assume that a welcoming society in which the rights of everyone are fully respected is a society where terrorism cannot find a place and take root, and it will be more difficult for potential terrorists to be radicalized and recruited. However, in tactical terms, the emphasis in the fight against terrorism is often made on strengthening control over individuals, which causes concerns of the society and human rights activists. In contemporary conditions, the fight against terrorism requires additional state guarantees, investments in social cohesion, education, and the development of relationships, so that everyone can feel that their personality is respected and that the society fully accepts them.

scholarly journals Legal Issues of the Implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 in Ukraine

2021 ◽  
Vol 4 (1) ◽  
pp. 8-22
Keyword(s):  
Human Rights ◽  
Implementation Process ◽  
Legal Issues ◽  
Council Of Europe ◽  
Member States ◽  
Human Rights Protection ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
European Standards

This note is devoted to the study and analysis of legal issues of the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in Ukraine. The research states that the Convention is one of the first human rights documents based on the principles of ensuring objective standards and providing protection to individuals against abuse of state power. The note proves that the Convention, which is inherently a new generation treaty, not only establishes rights and obligations for states that are traditional for sources of classical international law but also enshrines the obligations of Member States to its citizens, individuals, and legal entities – all those under its jurisdiction. The research stipulates that with its accession to the Council of Europe in 1995, Ukraine not only showed its recognition of the rule of law but also undertook the commitments to ensure human rights and fundamental freedoms, thereby confirming its European democratic choice. In 1997, with the ratification of the Convention, a new stage began in the development of human rights and fundamental freedoms in Ukraine. The note states that Ukraine takes third place among the 47 Member States of the Council of Europe in terms of the number of appeals to the European Court of Human Rights. A negative tendency to increase the submission of complaints by citizens of Ukraine to the European Court of Human Rights is intensifying every year. This indicates that nowadays, the need to achieve maximum compliance of Ukrainian legislation with European standards in the field of human rights and the prevention of their violations remains urgent. The note concludes that at the present stage, among the most problematic issues of Ukraine’s cooperation with the Council of Europe is the reform of the judiciary – in particular, bringing it in line with European norms in accordance with the recommendations of the Councils of Europe institutions, strengthening the fight against corruption, etc. The authors offer a set of proposals and recommendations on the necessity of achieving maximum compliance of Ukrainian legislation with the European standards of the Council of Europe in the field of human rights and prevention of their violations to reduce the number of appeals of Ukrainian citizens to the European Court of Human Rights. The research emphasises that the construction of a democratic legal state and Ukraine’s accession into the European system of human rights protection should exist in reality, as well as be supported by the relevant internal and external policy of the country in regard to human rights, the harmonised system of legislative acts, and the real mechanisms of guarantees of fundamental freedoms. Keywords: Human Rights, European Values, Fundamental Freedoms, Judicial System, European Vector, Legal Instruments, European Court of Human Rights, Implementation Process.

ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

scholarly journals Improving Human Rights Protection on the national and the European Level

2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Level ◽  
Human Rights Protection ◽  
Current State ◽  
European Court ◽  
Protection Of Human Rights ◽  
Venice Commission ◽  
Effective Remedy ◽  
The Individual

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.

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