scholarly journals The Right to Effective Management in the Practice of the European Court of Human Rights

2020 ◽  
Vol 12 ◽  
pp. 29-31
Author(s):  
Andrey Yu. Klyuchnikov ◽  
◽  
Vladimir S. Kruzhilin ◽  
Keyword(s):  
Human Rights ◽  
International Justice ◽  
Effective Management ◽  
Government Officials ◽  
Public Authorities ◽  
European Court ◽  
The Right

The article is devoted to the study of the right to effective management recognized by the international justice as a complex interdisciplinary institution affecting the functioning of public authorities and local self-government, officials and courts. The authors study the principles of the right to effective management, the powers granted to persons in connection with the action of the Institute, taking into account the practice of the ECHR.

scholarly journals Information delayed is justice denied

2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Access To Information ◽  
Effective Protection ◽  
Public Authorities ◽  
European Court ◽  
Disclosure Of Information ◽  
Access Information ◽  
The Right

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’

scholarly journals ISSUES OF THE EXECUTION OF JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN UKRAINE AND THEIR POSSIBLE SOLUTIONS

2020 ◽  
Vol 33 (20) ◽  
pp. 23-29
Author(s):  
R. O. Nepyipa
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
State Budget ◽  
Public Authorities ◽  
Special Procedure ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article analyzes the problems of implementation of the decisions of the European Court of Human Rights by Ukraine. In this context, too, the key problems and peculiarities of the current state of implementation of Ukraine’s judgments of the European Court of Human Rights are highlighted. It is emphasized that the enforcement of judgments by Ukraine is an important guarantee of ensuring the right to a fair trial. However, the lack of proper enforcement is recognized by the European Court of Human Rights as a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the problematic issue in the implementation of ECHR decisions is that the state executor, as a representative of the public authority, receives a salary from the State Budget of Ukraine, but is obliged, according to executive documents, to act against his state. Thanks to the planned reform of the State Bailiffs’ Service of Ukraine, it is envisaged to create a private system of enforcement of court decisions, since a non-governmental institution would not be more effective in this case. The problem of determining the location of the collector by the ECtHR is considered. It is suggested that in order to find out the location (location) of the collector, in accordance with the ECtHR decision, a special procedure should be provided, a list of necessary actions to be taken by a state body. In particular, such actions may be sending requests to the last known place of work. It is emphasized that legal and political risks for Ukraine are that the violating state may be subject to various sanctions, such as deprivation of voting rights or suspension of membership, up to and including exclusion from the Council of Europe. It is proved that the source of inefficient work of the executive service should be sought, first of all, in imperfect legal regulation, numerous legislative restrictions, and insufficient state costs for the implementation of ECtHR decisions. The experience of Germany on the practice of implementing ECtHR decisions is considered and it is proposed to borrow the experience of foreign countries in the current situation. It is noted that an important step of Ukraine towards European statehood is to increase the level of national protection of citizens and to adopt a law that provides for the accountability of public authorities and their officials for inaction in the implementation of ECtHR decisions. Keywords: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, judgment, enforcement, general measures.

scholarly journals MARRIAGE AND FAMILY LIFE IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2014 ◽  
Vol 8 (4) ◽  
pp. 58-63
Author(s):  
Oana Ghiţă
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
European Convention ◽  
Public Authorities ◽  
Marriage And Family ◽  
National Courts ◽  
Constitutional Principle ◽  
European Court ◽  
The Right

The article 8 and 12 – European Convention of Human Rights regulate the right to family and private life and, respectively, the right to marriage. These rights have been transposed into the national legislation of the States-members of European Union. The two rights that we are speaking of, which can be found as a constitutional principle and as an ordinary law, tries to reduce the public authorities interference into the private and personal family field. The reality proves that the right to marriage has been broken by the impossibility of the spouses to marry because they can not be divorced. This is the reason why we have two different rights in European Convention: the right to private, family life and the right to marriage. Many European states still have a limited regulation of the reasons for getting the dissolution of marriage. The European Convention has nothing to do with such cases because does not regulates the right to divorce and it would be an interference into the national law. How can a person be married again if he/she doesn’t have the possibility to divorce? In these conditions, can we take the European Convention into consideration as a real instrument of protection for the right to marriage? The first precedent of ECHR jurisprudences limits the infringement of the right to marriage made by the national Courts because of the lack of regulations or a bad interpretation of it.

PROTECTION OF PERSONAL DATA IN PUBLIC INSTITUTIONS – SELECTED ISSUES

2019 ◽  
Vol 20 (1) ◽  
pp. 125-143
Author(s):  
Anna Słowik
Keyword(s):  
Human Rights ◽  
Statistical Data ◽  
Computer Software ◽  
Personal Data ◽  
Public Institutions ◽  
Public Authorities ◽  
European Court ◽  
International Regulations ◽  
Polish Law ◽  
The Right

This article contains considerations regarding the protection of personal data included in the provisions of Polish law and international regulations. It raises the issue of the right to collect information about citizens by public authorities. It contains an interpretation of the judgments of the European Court of Human Rights in Strasbourg and, in particular, the Act of 29 August 1997 on the protection of personal data. It also contains statistical data on proceedings initiated and committed crimes related to obstructing public authorities from accessing information, destroying data, computer sabotage, preventing the production of computer software related to cybercrime. In the article, the author also focuses on the analysis of the number of final convictions pronounced by the courts for such offenses and the types of penalties adjudicated for them in the last twelve years.

Tajemnica adwokacka w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 29 ◽  
pp. 367-376
Author(s):  
Kacper Milkowski ◽  
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedures ◽  
True Knowledge ◽  
The Right ◽  
Transfer Of Information

The attorney–client privilege is one of the fundamental elements that determines the actual assurance of the right to legal aid. It allows for the existence of trust between the client and the attorney, creating optimal conditions for the free and unrestricted transfer of information and comments between them. This, in turn, means that the attorney – equipped with full and true knowledge from the client, can most effectively assist in seeking protection of his rights and freedoms in court or before other public authorities. This means that attorney–client privilege increases the effectiveness of legal assistance and, consequently, access to court and enforcement of judicial procedures for the protection of all rights and freedoms. The article analyzes the significance of the attorney–client privilege in the context of the jurisprudence of the European Court of Human Rights. The ECtHR has repeatedly ruled on the protection of the attorney–client privilege as part of the human rights protection system. The Tribunal places the right to keep secret the information provided between the client and the lawyer in the sphere of guarantees arising from Article 6 (right to court) and Article 8 (right to protect communication) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

scholarly journals Topical Issues of the Application of the Case-Law of the European Court of Human Rights in the Criminal Process of Ukraine

2020 ◽  
Vol 9 (29) ◽  
pp. 6-14
Author(s):  
Viacheslav Viktorovich Shamrai ◽  
Yuliia Yuriivna Ivchuk ◽  
Vladislav Yegorovich Tarasenko ◽  
Hlib Omelianovych Fedorov
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Public Authorities ◽  
Criminal Process ◽  
National Courts ◽  
European Court ◽  
Protection Of Human Rights ◽  
Fundamental Rights And Freedoms ◽  
The Right

The purpose of the article is to identify and analyze topical issues of the application of the case-law of the European Court of Human Rights (hereinafter - ECtHR) in the context of the implementation of the current criminal procedural legislation of Ukraine. To achieve this purpose, the authors have studied the scientific positions of the lawyers, the relevant provisions of the current legislation of Ukraine, the requirements of international legal acts and the case-law of the ECtHR. The general provisions of the criminal process science were methodological basis of the study. The authors of the article used the following methods of scientific knowledge: systematic, logical, semantic, comparative and documentary analysis. The place of the case-law of the ECtHR in the system of national legislation has been clarified, in particular the decisions of this Court are binding throughout Ukraine, and national courts have to apply the case-law of the ECtHR as a source of law. It is argued that the right of Ukrainian communities to seek the protection of their rights and freedoms under the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - ECHR) is an additional guarantee against arbitrariness of the public authorities and officials who violated or restricted them. It was stated that even after implementation of the universally recognized norms and principles of international law in the sphere of protection of human rights and freedoms into current criminal procedural legislation of Ukraine, the facts of their violation occur. This, in turn, leads to the adoption of the ECtHR decisions against Ukraine, in which 90% of cases state violations of fundamental rights and freedoms guaranteed by the ECHR.

scholarly journals Problems of execution of echr decisions in ukraine and ways to overcome them on the example of the federative republic of Germany

2021 ◽  
pp. 307-311
Author(s):  
S.R. Asiryan ◽  
Y.V. Milonenko ◽  
V.V. Prilipko
Keyword(s):  
Human Rights ◽  
Total Duration ◽  
European Convention ◽  
General Nature ◽  
Practical Implementation ◽  
The European Union ◽  
State Budget ◽  
Public Authorities ◽  
European Court ◽  
The Right

The article examines the history of the formation of the European Union, the adoption of the European Convention on Human Rights. The mechanism of protection of the main convention provisions, history and significance of its origin are analyzed. The authors conclude that the ECHR was originally a flexible catalog of universal human rights, most of which were declarative in nature, as they did not provide for a procedure to protect the implementation of substantive rules, but in developing this document the European Community the right of citizens to appeal against violations of their convention rights. It is for the practical implementation of the protection of convention provisions that a unique judicial body was created - the European Court of Human Rights. The main problems in the implementation of ECHR decisions at the international and national levels are investigated. The normative procedure of execution of ECtHR decisions under the legislation of Germany and Ukraine is compared. It is proposed to amend Art. 8 of the Law of Ukraine "On Enforcement of Judgments and Application of the Case Law of the European Court of Human Rights", and to reduce the total duration of enforcement proceedings against ECHR decisions from three to one month in order to ensure effective enforcement of judgments. In addition, a mechanism for the prompt implementation of measures of a general nature should be developed to ensure compliance with the provisions of the Convention at the level of national legislation. In addition, it is proposed to introduce disciplinary and administrative liability for non-compliance, improper enforcement or in any way obstructing the enforcement of ECHR decisions by public authorities and officials, as well as the establishment of an obligation to compensate for delays in delaying enforcement. In order to ensure the autonomy of the execution of ECtHR decisions in Ukraine, it is proposed to create a special state budget fund whose purpose will be to ensure the execution of decisions of the European Court of Human Rights.

Two Landmark Decisions of the Albanian Constitutional Court: The Individual, the Employee, and the State

2004 ◽  
Vol 29 (2) ◽  
pp. 219-245
Author(s):  
Agron Alibali
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Constitutional Court ◽  
Government Officials ◽  
Procedural Due Process ◽  
European Court ◽  
Fair Hearing ◽  
The Individual ◽  
The Right ◽  
Rare Opportunity

AbstractThe present article focuses on two important decisions of the Albanian Constitutional Court that have clarified the right to a fair hearing in circumstances in which removal proceedings against top government officials are at the center of an administrative dispute. In interpreting the Constitution and following its established jurisprudence, the Court held that the right to a fair hearing exists in every administrative proceeding that has a "punishing character". The dispute arising from the removal of Albania's General Prosecutor in the spring of 2002 has provided a rare opportunity to debate important issues of constitutional law and human rights in what was a previously closed and oppressed society. The article outlines the circumstances surrounding the case, highlights related Albanian law and jurisprudence, discusses the role in such cases of the Parliament and President, set forth the pleadings before the Court, and analyzes the Court's rulings. The Court's rulings are also framed in a comparative context against the landmark case of Pellegrin v. France, as decided by the European Court of Human Rights, as well as the doctrine of procedural due process.

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