scholarly journals Controllo delle frontiere e violazione dei diritti umani lungo la rotta balcanica

2019 ◽  
Author(s):  
Francesca Cucchi
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
Immigration Policies ◽  
The European Union ◽  
Migration Policies ◽  
European Immigration ◽  
The Right ◽  
European Migration

This paper focuses on the possibility of conciliation between one of the main objective of recent European migration policies – the containment of migration movements – and the safeguard of immigrants dictated by European Convention of Human Rights. Furthermore the dissertation will analyze the balance between the right of every State to control their borders together with the right of the European Union to reinforce the control of external borders and the respect of fundamental human rights. In particular, after a brief analysis of the situation over the Balkan route, this paper will illustrate whether and how the guarantees provided in art. 3 ECHR can be applied in relation to the condition of immigrants and the consequent legitimacy of national and European immigration policies implemented along the route.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

Access to and Limits on Evidence Dossiers in Civil Law Systems

2019 ◽  
pp. 561-585
Author(s):  
Michele Caianiello
Keyword(s):  
European Union ◽  
Human Rights ◽  
Civil Law ◽  
Criminal Court ◽  
European Convention ◽  
The European Union ◽  
Eu Member States ◽  
Right To Information ◽  
The Right ◽  
Right Of Access

This chapter examines issues surrounding the right of access to and limits on evidence dossiers in civil law systems. It first provides an overview of the general aims pursued by the law in regulating the parties’ right of access to the investigative file before discussing supranational sources, such as the European Convention on Human Rights (ECHR) and the case law of the European Court on Human Rights (ECtHR). In particular, it explores how the jurisprudence of the Court of Justice of the European Union (CJEU) and certain directives adopted by the European Union on the right to information by defendants and by victims has influenced the criminal procedures of EU Member States. It also analyzes disclosure at the International Criminal Court (ICC) and concludes by explaining how civil law systems have changed in recent years, what their common features and shortcomings are, and how they could be improved.

scholarly journals The Right to a Name Versus National Identity in the Context of eu Law: The Case of Lithuania

2017 ◽  
Vol 42 (4) ◽  
pp. 325-363
Author(s):  
Aistė Mickonytė
Keyword(s):  
European Union ◽  
Human Rights ◽  
National Identity ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
National Minorities ◽  
European Court ◽  
The Right

This article examines national regulations relating to the recognition of names in official documents by focusing on Article 21 of the Treaty on the Functioning of the European Union and Article 8 of the European Convention on Human Rights, having particular regard to the judgment of the European Court of Justice in the case of Runevič-Vardyn and Wardyn. It also assesses the potential impact that this and other cases before the ecj and the European Court of Human Rights may exert on national minorities. The recognition of names is not regulated in European Union law; thus, the eu member states may freely determine the usage of names in official documents, as the state language represents a constitutional value and part of the national identity of many eu member states. Therefore, only regulation of names that causes excessive interference with the exercise of freedom of movement or respect for private and family life is unlawful under eu law. This issue will also be discussed in light of Article 4(2) of the Treaty on the European Union, by which the ecj assesses these types of interference with the eu’s duty to respect the national identities of its member states.

scholarly journals ECtHR jurisprudence on the matter collection of personal data

2021 ◽  
pp. 217-226
Author(s):  
Alexandru Țărnă ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Data Collection ◽  
Personal Information ◽  
Personal Data ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
The Right

The protection and storage of personal data are clearly related to the right to respect for privacy, as guaranteed by art. 8 of the European Convention on Human Rights. The latter provision protects a whole range of rights, namely the right to respect for private and family life, home and correspondence. The principle is that art. 8 protects personal information in respect of which an individual can legitimately hope that it will not be published or used without his or her consent. The study aims to break into the jurisprudence of the European Court of Human Rights, the main objective being to identify decisions that have a fundamental impact on the doctrine and practice of personal data collection. We are aware that multiple regulations in the field of personal data collection can be deduced from the practice of the Court of Justice of the European Union (CJEU). However, given the direct impact of ECtHR decisions on the Republic of Moldova, we found it appropriate to summarize only this aspect. However, in subsequent studies we will address the issue of personal data protection by the Court of Justice of the European Union. The basic idea, derived from that study, is that the Moldovan authorities should adjust their legislation and practices to the standards set out by the ECtHR and thus avoid possible convictions by the European Court.

The EC Data Retention Directive

2011 ◽  
pp. 256-272 ◽  
Author(s):  
Nóra Ní Loideain
Keyword(s):  
European Union ◽  
Human Rights ◽  
Law Enforcement ◽  
Empirical Evidence ◽  
Data Protection ◽  
European Convention ◽  
The European Union ◽  
Data Retention ◽  
Police Investigation ◽  
The Right

The focus of this paper is the new European legislation designed to harmonize domestic laws on the retention of telecommunications data for the purpose of assisting law enforcement efforts. The European Union introduced the EC Data Retention Directive in 2006. This Directive requires the retention of every European citizen’s communications data for up to two years for the purpose of police investigation. There is, however, a major problem with the Directive in that it regularizes, and thereby entrenches, the practice of data retention across Europe. No systematic empirical evidence supports the introduction of such broad surveillance. The existence of data retention in principle raises concerns for data protection and the right to respect of privacy as protected under the European Convention of Human Rights (ECHR). This paper questions the proportionality of the Directive in line with data protection principles and Europe’s obligations under Article 8 of the ECHR.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

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