scholarly journals Selected Problems of Education in Europe at the Turn of XX and XXI Century in the Case Law of European Tribunals

2019 ◽  
Vol 3 (1) ◽  
pp. 20-24
Author(s):  
Joanna Górska-Szymczak
Keyword(s):  
Member State ◽  
Religious Education ◽  
Education Institution ◽  
Case Law ◽  
Migrant Children ◽  
Educational Institutions ◽  
The European Union ◽  
European Court ◽  
Entire Society ◽  
The Right

Abstract The aim of this article is to analyze which issues, and why, influenced the systems of education at the turn of XX and XXI century to the extent that led to the need of resolving them at the level of international tribunals in Europe - the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Within the case law of the CJEU, the analysis was based on the cases concerning the right to education of migrant children and the right of the holder of a secondary education diploma awarded in a Member State to access the higher education institution in another Member State. As far as the case law of the ECtHR is concerned, the author considers the cases dealing with the issue of wearing headscarves and displaying crucifixes in educational institutions in the context of the freedom of religion, the case with a problem of an alternative for religious education in public school and the cases on the discrimination in education. The conclusion is that the systems of education are vulnerable to challenges faced by the entire society and reflect the changes undergoing within it.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Civis Europeus Sum – Union Citizenship and the Influence of the Court of Justice of the European Union

2015 ◽  
Vol 23 (1) ◽  
pp. 71-80
Author(s):  
Verica Trstenjak
Keyword(s):  
Member State ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
Tax Relief ◽  
Personal Rights ◽  
Union Citizenship ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

Since its formation in 1950s as the economic community, the EU has created the monetary union and is increasingly evolving also into a political union – part of which is also a union or Europe of citizens. This article explores the development and the existing EU legislation and case law of the Court of Justice of the EU (CJEU) on Union citizenship. The article emphasises the importance of the case law of the CJEU for the development of this concept, focusing especially on the case law pertaining to access to social security benefits in another Member State, the rights of students, tax relief, and personal rights such as the right to write a name in a certain way and the right to family life. Case law of the CJEU has, inter alia, confirmed that even economically inactive Union citizens lawfully residing in another Member State have a right to access to social benefits under the same conditions as the Member State’s own nationals. The concept of the Union citizenship is of key importance in the development of EU law, as it expands the scope of the applicability of the provisions on free movement of persons and other fundamental freedoms. New challenges and questions linked to Union citizenship are arising over time, which should also be regulated at the EU level in the future. Therefore, further development of this concept can still be expected in the EU.

scholarly journals Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights

2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
European Countries ◽  
The European Union ◽  
European Court ◽  
The Right

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.

scholarly journals The European Court of Justice and the Policy Process

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
European Union ◽  
Member State ◽  
Case Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Member States ◽  
Administrative Practices ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.

scholarly journals The Right to Religious Autonomy and the Case-Law of the European Court of Human Rights

2020 ◽  
pp. 239-249
Author(s):  
Anastasia A. Isaeva ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The European Union ◽  
Freedom Of Conscience ◽  
Internal Governance ◽  
European Institutions ◽  
European Court ◽  
Religious Associations ◽  
The Right

In this study, the author addresses the problem of the definition and structure of the right to religious autonomy. The object of the study was the content of the two manifestations of this right that the author identified: internal governance and doctrinal autonomy in the practice of the European Court of Human Rights. The aim of this article is to determine the main areas of protection of the right to religious autonomy of religious associations and the positive experience applicable in the Russian Federation. The author describes the role of the right to religious autonomy, which is an integral part of pluralism in a democratic society and, therefore, acts as a center for protection provided by freedom of conscience. The study is based on the theoretical material of the works of both Russian (P.V. Sergeev, Yu.E. Fedotova, M.O. Shakhov) and foreign (M.E. Chopko, M.F. Moses) researchers. The extensive law enforcement practice of the European Court of Human Rights and the regulations of the European Union are also used. The methodological basis of the study is dialectical, comparative legal, formal legal, and other methods. In particular, the use of the dialectical method helped to determine the content of the concept of the right to religious autonomy, to study the dynamics of the legal positions of the European Court of Human Rights regarding a “balanced approach” to protect the autonomy of the internal management of religious associations. The use of comparative legal and formal legal methods helped to identify correlations between the case-law of the European Court of Human Rights and acts adopted within the European Union. The use of the functional method made it possible to investigate the place and role of European institutions and the nature of their governing influence on the provision and protection of the right to religious autonomy to various religious associations, including those representing a religious minority. As a result, the author comes to the conclusion that religious autonomy in its two possible manifestations—internal governance and doctrinal autonomy—directly follows from the content of the powers of freedom of conscience. Both of the manifestations are protected by European regulations although such protection cannot be considered as absolute. On the one hand, the right to religious autonomy is an integral part of the external manifestation of religious beliefs; on the other, its universal protection will jeopardize the protection of the rights of others. Nevertheless, in a situation in which the governing influence of European states is limited and the enforcement practice of the European Court of Human Rights is not entirely consistent, it seems that European institutions are aware of the importance of the right to religious autonomy. Therefore, the authorities resolve problems associated with its implementation pragmatically, trying to balance it with other rights and legitimate interests.

The Right to Education

2020 ◽  
pp. 146-188
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Religious Education ◽  
Home Schooling ◽  
Migrant Children ◽  
Sexual Education ◽  
Right To Education ◽  
Private Schooling ◽  
European Court ◽  
State Obligations ◽  
The Right ◽  
Segregated Schooling

This chapter examines the approach of the European Court of Human Rights to cases concerning children’s education, and the interaction between parental rights and state obligations in this respect. It starts by looking at the jurisprudence concerning state versus private schooling, as well as the compatibility of prohibitions on home schooling with the Convention. It then goes on to consider specialised and segregated schooling, focusing on children with disabilities, migrant children, and ethnic minorities, and in particular the treatment of Roma children. The chapter further analyses the ability of parents to object to the content of education provided by the state, in the context of education in a chosen language, sexual education, and religious education. Finally, this chapter considers how Article 2, Protocol 1 of the Convention has been applied to higher education.

scholarly journals Public policy: united in diversity... within the marriage?

2021 ◽  
Vol 13 (2) ◽  
pp. 1022-1031
Author(s):  
Silvia Marino
Keyword(s):  
Public Policy ◽  
Case Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Definition Of ◽  
The Right ◽  
The Impact

The present paper tackles the development of the notion of public policy in the definition of the concept of marriage. It starts from brief remarks on the case law of the Court of Justice of the European Union in the field of the right to free movement of people and of the European Court of Human Rights on the right to private and family life. Then, it analyses the uncertainties stemming from the national divergences. Further, the impact of the Coman case on the applicability of EU measures on civil judicial cooperation and on the notion of public policy is examined. Conclusively, the paper submits some considerations on the modern function of the public policy.

Prospects for European Company Law After the Judgment of the European Court of Justice in Centros Ltd

1999 ◽  
Vol 2 ◽  
pp. 203-230
Author(s):  
Karsten Engsig Sørensen
Keyword(s):  
Member State ◽  
Company Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Company Law ◽  
European Court ◽  
Set Up ◽  
The Right ◽  
A Company

The ruling of the European Court of Justice in C-212/97 Centros Ltd v. Erhvervs- og Selskabsstyrelsen suggests that the right of establishment enshrined in Article 43 (ex Article 52) of the EC Treaty includes the right to incorporate a company in the EC Member State with the most favourable company laws. The case provides a platform for arguing that choice of place of incorporation within the European Union is at the absolute discretion of business operators, after which point branches may be set up in any other Member State. Even if all activities are conducted in the Member State where the branch is situated, rather than in the Member State of incorporation, no abuse of Article 43 will arise, and the Member State in which the branch is located may be in no position to impede the establishment of a business which has utilised the vehicle of a foreign company.

Prospects for European Company Law After the Judgment of the European Court of Justice in Centros Ltd

1999 ◽  
Vol 2 ◽  
pp. 203-230
Author(s):  
Karsten Engsig Sørensen
Keyword(s):  
Member State ◽  
Company Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Company Law ◽  
European Court ◽  
Set Up ◽  
The Right ◽  
A Company

The ruling of the European Court of Justice in C-212/97Centros Ltdv.Erhvervs- og Selskabsstyrelsensuggests that the right of establishment enshrined in Article 43 (ex Article 52) of the EC Treaty includes the right to incorporate a company in the EC Member State with the most favourable company laws. The case provides a platform for arguing that choice of place of incorporation within the European Union is at the absolute discretion of business operators, after which point branches may be set up in any other Member State. Even if all activities are conducted in the Member State where the branch is situated, rather than in the Member State of incorporation, no abuse of Article 43 will arise, and the Member State in which the branch is located may be in no position to impede the establishment of a business which has utilised the vehicle of a foreign company.

scholarly journals La forja jurisprudencial del principio de transparencia

2011 ◽  
pp. 381
Author(s):  
Blanca Ballester Martínez
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Case Law ◽  
Fundamental Rights ◽  
Public Access ◽  
The European Union ◽  
European Court ◽  
Ordre Public ◽  
The Right ◽  
Access To Documents

Regulation 1049/2001 establishes and shapes the right of access to documents in the European Union. This right is limited by a series of colliding principles and rights, such as privacy of personal data, ‘ordre public’ or commercial interests. The European Court of Justice, through rulings by each one of its two Courts (the General Court and the European Court), has shaped and generally extended the scope of Regulation 1049/2001, increasing transparency in the institutions. However, there is no clear case-law trend as regards access to documents, since rulings often contradict each other and precedents are of relatively little value. Recent rulings, such as those given to the Borax and Bavarian Lager cases, seem to restrict public access to documents in the institutions by placing access to documents under other values such as privacy and data protection. This trend seems again to contradict what the Lisbon Treaty and the European Charter of Fundamental Rights have just introduced: a higher consideration of access to documents and a clear commitment with institutional transparency. This paper aims at giving a clear overview of the evolution and state of play of the right of public access to documents in the European legislation and case law. By analyzing the latest legal and jurisprudential developments, it can be concluded that law and case law do not seem to go hand in hand yet and seem to contradict each other. Immediate and further developments should be watched with a careful eye, as these will shape the post-Lisbon concept of access to documents. Consequently, essential principles such as transparency and data protection might undergo as well important changes.El Reglamento 1049/2001 consagra y configure el derecho de acceso público a documentos en la Unión Europea. Este derecho está limitado por ciertos bienes jurídicos en conflicto, como la privacidad de los datos personales, el orden público o los intereses comerciales. El Tribunal de Justicia de la Unión Europea, a través de las sentencias emanadas de sus dos instancias, ha pulido y en general extendido el campo de aplicación del Reglamento 1049/2001, aumentando la transparencia en las instituciones. Sin embargo, no hay una línea jurisprudencial clara al respecto, dado que las sentencias a menudo se contradicen entre sí y los precedentes jurisprudenciales parecen tener escaso valor en los asuntos posteriores. Algunas sentencias recientes, como las recaídas en los asuntos Borax y Bavarian Lager, parecen por el contrario restringir el derecho de acceso a documentos, dado que hacen prevalecer otros bienes jurídicos como la privacidad o la protección de datos. Esta última tendencia parece contradecir al Tratado de Lisboa y a la Carta Europea de Derechos Fundamentales, puesto que éstos han introducido una mayor consideración al derecho de acceso a documentos con el fin de aumentar la transparencia institucional. Este artículo busca procurar una panorámica general de la evolución y el estado actual del derecho de acceso público a los documentos tanto en la legislación como en la jurisprudencia europeas. Del análisis tanto de las novedades legislativas y jurisprudenciales al respecto se deduce que ambas no parecen ir a la par, sino que llegan incluso a contradecirse. El desarrollo futuro tanto de la ley como de la jurisprudencia deberán ser objeto de estudio detallado, dado que serán determinantes en la configuración del derecho de acceso a documentos tras el Tratado de Lisboa. Como consecuencia de esto, puede que ciertos principios también fundamentales, como la transparencia o la protección de datos, sufran importantes cambios en un futuro inmediato.

Sign in / Sign up

Export Citation Format

Share Document