scholarly journals Normativity in the EU’s Approach towards Disinformation

2021 ◽  
Vol 11 (1) ◽  
pp. 170-202
Author(s):  
Anna Kobernjuk ◽  
Agnes Kasper
Keyword(s):  
European Union ◽  
Human Rights ◽  
Common Ground ◽  
Freedom Of Expression ◽  
Comparative Method ◽  
The European Union ◽  
Code Of Practice ◽  
European Union Level ◽  
Joint Declaration ◽  
Human Rights Standards

Abstract With the rapid growth of disinformation, two major steps were taken to battle the phenomenon in the online environment—first on the global level, and second on the European Union level. The first step is the Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda, which provides a general overview of possible actions to be taken to fight disinformation, and how “things should be”. The steps are connected to following human rights standards, promoting the diversity of media, and paying special attention to intermediaries and media outlets. The second one is the Code of Practice on Disinformation, which is a self-regulatory document that can be voluntarily signed by major social media platforms and advertising bodies, and its main focus is making political advertising coherent and clear, preventing the creation of fake accounts, providing users with tools to report disinformation, and promote further research. Nevertheless, based on the reports and criticism from stakeholders, the Code of Practice has not reached a common ground regarding definitions, it has provided no mechanism to access the development, and has had several other drawbacks which need additional attention and discussion. The article is devoted to identifying gaps in the Code of Practice on Disinformation based on the reports and criticism provided by the stakeholders and elaborating on possible practices to regulate the legal issues raised by disinformation on the European Union level. We use doctrinal and comparative methods in the work. The doctrinal method targets the cluster that was identified in order to analyze the Code of Practice, identifies weak spots and inconsistencies, and offers solutions from different areas of law. The comparative method was selected since in several areas of law, such as human rights and consumer protection law, the previously identified approaches will be addressed to find the best outcomes. This combination of methods allows an in-depth understanding of legal documents and identifying successful solutions, which can influence further development based on efficient examples.

scholarly journals REGIONAL EXPANSION, IDENTITY CRISIS AND THE PARADOX OF HUMAN RIGHTS ENFORCEMENT IN THE EUROPEAN UNION

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Fajar Muhammad Nugraha
Keyword(s):  
European Union ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Identity Crisis ◽  
The European Union ◽  
Territorial Expansion ◽  
The United Kingdom ◽  
Eu Membership ◽  
A Value ◽  
The Eu

The EU is very concerned with the implementation of Human Rights, so it has become the basic value and the main terms in its membership1. The EU's desire toexpand the territorial prompts efforts to discipline the implementation of Human Rights is intensified in order to increase the number of members. However, individual identity, how one defines itself as a nation, and freedom of expression are also major points in Human Rights. This is clearly a major obstacle that unknowingly appears in the territorial expansion efforts being undertaken by the European Union. The most obvious and most recent example is the occurrence of Brexit through the EU referendum in June 2016 which resulted in the United Kingdom having to quit the EU membership. This is a major blow to the EU, because in the course of territorial expansion, the EU would have to lose one of its larger member states. This paper discusses the paradox of the virtue of Human Rights as a value that is upheld within the EU and the freedom of individuals and nations in defining themselves, as well as an identity crisis which is beginning to undermine the comfort of life in society.

The European Union and Fundamental Rights

2018 ◽  
Author(s):  
Sionaidh Douglas-Scott
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
First Century ◽  
The European Union ◽  
Historical Sources ◽  
National Courts ◽  
History Of ◽  
Human Rights Standards ◽  
Peace In Europe

The twenty-first century European Union proclaims its respect for fundamental rights. Indeed, in an era of concern for human rights, it would seem strange if the European Union (EU) did not engage with them. Yet, the EU’s concern for fundamental rights has at least two very different historical sources. First, the Internal Market project has always lain at the heart of the Union and it requires the removal of national obstacles to integration—even possibly those predicated upon fundamental rights. Consequently, the EU’s own focus on fundamental rights constitutes a response to the thinly veiled threat of national courts invoking their own human rights standards to review EU law. On the other hand, the second source relates to the Union’s earliest days, as the Coal and Steel Community and later the European Economic Community (EEC), and as a clear response to the horrors of the early/mid-twentieth century. The objective from the outset was to stop yet another deadly, destructive war in Europe. As Klaus Günther has written, ‘We realise that the European history of human rights is written in blood. And it goes on …’. But perpetual peace in Europe did not merely entail economic integration as an end to conflict—it

Part II Historical and Legal Sources, Ch.8 General Principles and Constitutions as Sources of Human Rights Law

2013 ◽  
Author(s):  
O’Boyle Michael ◽  
Lafferty Michelle
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Human Rights Law ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
General Principles Of Law ◽  
Human Rights Standards

This article examines influence of general principles of law and constitutions in the formulation of human rights standards and in their interpretation and application by international courts, particularly the Universal Declaration of Human Rights (UDHR). It describes and compares the application and interpretation of human rights by the International Court of Justice (ICJ), the European and Inter-American Courts of Human Rights, and the Court of Justice of the European Union (CJEU). This article also highlights the fact that majority of human rights instruments and provisions subsequently adopted at the national and international levels have built upon the guarantees elaborated by the UDHR.

Judicial Dialogue between the European Court of Human Rights and the Court of Justice of the European Union in the Field of Legal Liability for Posting Hyperlinks

2019 ◽  
Vol 21 (5) ◽  
pp. 432-448
Author(s):  
Bartłomiej Oręziak
Keyword(s):  
European Union ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
The Internet ◽  
The European Union ◽  
Functional Interpretation ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship

Abstract This paper discusses the judicial dialogue between the European Court of Human Rights and the Court of Justice of the European Union regarding the placing of hyperlinks on the internet. Firstly, the case law of the CJEU in the light of the linkage is analysed. This shows the scope of restrictions created by this judicial authority in the area of copyright. Secondly, the judgment of the ECHR will be cited and analysed as regards the relationship between placing hyperlinks on the internet and freedom of expression. There is a judicial dialogue with the CJEU, which focuses attention on the human rights aspect of hyperlinks. Thirdly, the correlation between the jurisprudence of the CJEU and the ECHR will be analysed, including a functional interpretation. The paper ends with a discussion about the potential of this judicial dialogue for the wider purpose of building an optimal model for European dialogue.

scholarly journals IMMIGRATION POLICY OF THE EUROPEAN UNION

2016 ◽  
Vol 1 (9) ◽  
Author(s):  
Jasna Čošabić
Keyword(s):  
European Union ◽  
Human Rights ◽  
Immigration Policy ◽  
Comparative Method ◽  
Immigration Policies ◽  
Ageing Population ◽  
The European Union ◽  
Skilled Workers ◽  
Eu Directive ◽  
The Eu

Immigration to European Union (hereinafter referred to as the ‘EU’) as a realityand a need of refreshing its ageing population has made the EU to recently adoptsome important documents. Traditionally, European countries seem to be more closedtowards the immigration comparing to United States of America and Canada whichenabled the entry of new population even through various lotteries. However, EU didrecognize the need for import of experts from various areas. Thus the Council hasadopted the EU Blue Card Directive for highly skilled workers (Directive2009/50/EC). Still, having in mind the legal power of a EU Directive, the membercountries are given the power to adopt their immigration policies. This paper analysesthe regulations on immigration enacted by the EU and the implementation of suchregulations at the level of member countries. Although the EU does regulate theimmigration policy, it is up to the member states to deal with particular cases. In thatrespect the paper shall also address the issues of immigration which violated theEuropean Convention on Human Rights and Fundamental Freedoms by analyzing thekey judgments of the European Court for Human Rights in Strasbourg. The issue ofresidence v. citizenship as the grounds of immigration shall also be explained. Theshort overview of inter migration in the EU, is presented for the purposes ofcomparison. The paper is based on a hypothesis that immigration policies in membercountries still lack some consistency in the implementation of EU regulations, andtherefore reveal weaknesses of the EU immigration policy. Method used in this paperis normative analysis, method of induction and deduction, comparative method andcase study.

Rights Revolution and Counter-Revolution: Democratic Backsliding and Human Rights in Hungary

2020 ◽  
Vol 14 (1) ◽  
pp. 97-123
Author(s):  
Gábor Halmai
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Civil Society Organizations ◽  
European Convention ◽  
Constitutional Court ◽  
The European Union ◽  
Human Rights Protection ◽  
Fundamental Law ◽  
Human Rights Standards

AbstractThe Article discusses the democratic backsliding after 2010 in Hungary, and how it affected the state of human rights in the country, a Member State of the European Union. The main argument of the Article is that paradoxically the non-legitimate 1989 constitution provided full-fledged protection of fundamental rights, while the procedurally legitimate 2011 constitution-making resulted in curtailment of rights and their constitutional guarantees. The Article first describes the democratic transition that occurred in 1989–1990 as a rights revolution and the results of the 2011 “illiberal” constitution, called Fundamental Law, as counter-revolution. The second part of the Article illustrates the constitutional and statutory regulation of human rights protection after this “rule of law revolution,” and the activist jurisprudence of the first Constitutional Court using the concept of an “invisible constitution” to protect human rights. The third part discusses the rights provisions of the new Fundamental Law and several statutes dismantling the guarantees of human rights, with special attention to the decreased possibilities of state institutions, such as the Constitutional Court, the ordinary judiciary and ombudsmen, as well as civil society organizations to effectively protect fundamental rights. The fourth part assesses the efforts of European institutions to force the Hungarian government to comply with the human rights standards laid down in the European Convention of Human Rights and in the Treaty of the European Union. The Article concludes that neither internal nor external challenges could prevent the development of a new authoritarian regime with no guaranteed human rights.

The European Union, human rights and international development policy

2020 ◽  
pp. 93-104
Author(s):  
Gerard McCann
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Development ◽  
Global South ◽  
Development Aid ◽  
Economic Policies ◽  
The European Union ◽  
Self Interest ◽  
Human Rights Standards ◽  
The Eu

While acknowledging that the European Union (EU) has been to the fore in the promotion of international human rights standards among its own states and citizens, Chapter 7 critically assesses the role of the EU in relation to the promotion of rights and development in the Global South where many former colonies of EU states continue to be affected by the legacy of colonialism and ongoing neocolonial relationships with EU states and institutions. Despite a range of EU commitments and initiatives (indeed, half of the world’s development aid comes from there) it is argued that developmental and rights-based approaches in the Global South have often been frustrated by ideologically and self- interest driven economic policies promoted by the EU. This in turn has contributed to under-development and a diminution of rights in many of the most vulnerable regions around the world.

scholarly journals (RETRACTED ARTICLE) Human Rights promotion in Serbia: a difficult task for the European Union

2011 ◽  
Vol 54 (1) ◽  
pp. 142-158 ◽  
Author(s):  
Teresa Maria Cierco
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Western Balkans ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Retracted Article ◽  
Human Rights Standards ◽  
The Eu

This article explores the role of the European Union in the human rights protection, implementation and promotion in Serbia. It is clear that the EU demands on democratisation in the region of Western Balkans are crucial to achieve the respect for human rights. The human rights standards as part of the conditionality criteria of the EU is a clear message towards the countries aspiring membership. However, Serbia progress in the field has been difficult due to several internal constraints. This paper aims to uncover the democratisation process of Serbia on its path towards the EU, and its progress (or not) regarding human rights protection and implementation.

scholarly journals Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union

2021 ◽  
Vol 7 (1) ◽  
pp. 26-43
Author(s):  
Nataliya Soroka ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Science Research ◽  
European Convention ◽  
The European Union ◽  
Legal Provisions ◽  
Court Of Justice ◽  
Exceptions And Limitations ◽  
Research And Education

Exceptions and limitations are an integral part of any effective copyright systems, they play a crucial role in striking a fair balance between the interests of the creators and rightholders, on the one hand, and those of the users of the protected works, on the other. The exceptions and limitations serve to secure such fundamental values as freedom of expression and information, freedom of art, science, research and education. Since the exceptions and limitations are not fully harmonised in the European Union, the lack of legal certainty is being cured by the caselaw of the Court of Justice. The role of the Court preliminary rulings in interpreting the relevant legal provisions and providing clarifications as to their application cannot be overemphasised. Moreover, in recent cases the Court of Justice considered the exceptions and limitations to copyright in the light of the European Convention on Human Rights and the settled caselaw of the European Court of Human Rights. Therefore, it is an opportunity for us to observe the growing attention of the Court of Justice to the human rights and fundamental freedoms protected by the European Convention.

scholarly journals Political and legal mechanisms for the protection of human rights through the lens of the European Union countries

2020 ◽  
Vol 11 (11) ◽  
pp. 180-185
Author(s):  
Novitskyi V. V.
Keyword(s):  
European Union ◽  
Human Rights ◽  
Federal Republic ◽  
Freedom Of Expression ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
European Union Countries ◽  
Strategic Monitoring ◽  
Protection Of Human Rights ◽  
The Right

The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.

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