scholarly journals The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law

2021 ◽  
Vol 4 (4) ◽  
pp. 104-115
Author(s):  
Oleksandr Kliuiev ◽  
Оlena Agapova ◽  
Ella Simakova-Yefremian ◽  
Oleksandr Snigerov
Keyword(s):  
European Union ◽  
Forensic Science ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fair Trial ◽  
Court Decision ◽  
European Convention ◽  
The European Union ◽  
Legal Provisions

In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.

scholarly journals LEGISLATIVE PROBLEM OF EXCLUDING A PARTNER FROM THE COMPANY ON THE EXAMPLE OF GEORGIA (COMPARATIVE ANALYSIS)

2021 ◽  
Author(s):  
Ketevan Kokrashvili ◽  
Lasha Gorgadze
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
General Meeting ◽  
Case Law ◽  
Legal Regulation ◽  
Corporate Law ◽  
Court Decision ◽  
Controversial Issues ◽  
The European Union ◽  
Association Agreement

The issue of excluding a partner (removing a partner) from the company is one of the most important, very sensitive and controversial issues in corporate law. The legislation of different countries regulates this issue in different ways, but it is important that most countries, together with the decision of the General Meeting of Partners, to exclude a partner, require a relevant court decision that has entered into legal force. On the basis of a comparative analysis, the presented article discusses the possible reasons for the exclusion of a partner and the issues of legal regulation of the exclusion procedure. The fiduciary duties of a partner are analyzed as one of the important reasons for the exclusion of a partner from the company. Special attention is paid to legislative gaps and to the heterogeneity of the case law of Georgia in connection with the exclusion of a partner from the company. However, the article discusses the shortcomings of the new draft law of Georgia on Entrepreneurs, it is worth mentioning that the draft law was developed on the basis of the Association Agreement between Georgia and the European Union. Under this agreement, Georgia undertook an obligation to integrate Georgian corporate law into EU corporate law, in addition, in our opinion, the positions presented in the article will significantly develop and improve such an important institution of corporate law as the exclusion of a partner from the company.

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.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals The Essence of the Fundamental Right to an Effective Remedy and to a Fair Trial in the Case-Law of the Court of Justice of the European Union: The Best Is Yet to Come?

2019 ◽  
Vol 20 (6) ◽  
pp. 884-903
Author(s):  
Kathleen Gutman
Keyword(s):  
European Union ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
The European Union ◽  
Rights Protection ◽  
To Come ◽  
Effective Remedy ◽  
Judicial Protection ◽  
The Eu

AbstractThis contribution examines the developing contours of the essence of the fundamental right to an effective remedy and to a fair trial in the light of salient case-law of the Court of Justice of the European Union. It is divided into three main parts. The first part provides an overview of the meaning of the essence of fundamental rights in EU law and the scope of the inquiry in relation to Article 47 of the Charter of the Fundamental Rights of the European Union (“the Charter”). The second part evaluates the essence of the fundamental right to an effective remedy and to a fair trial in connection with justified limitations that may be placed on its exercise as provided for in Article 52(1) of the Charter within the framework of the EU system of fundamental rights protection, which in turn implicates the relationship with the Court’s case-law on national procedural autonomy, equivalence, and effectiveness. The third part delves into the essence of the fundamental right to an effective remedy and to a fair trial within the framework of the EU system of judicial protection, as illustrated by the Court’s case-law in several areas, including standing for individuals in direct actions before the EU courts, judicial independence, and restrictive measures in the Common Foreign and Security Policy. Through this analysis, the author argues that, while much awaits further refinement, certain recent developments in the Court’s case–law indicate that the essence of the fundamental right to an effective remedy and to a fair trial can play a meaningful role in the EU system of fundamental rights protection and the EU system of judicial protection more broadly, and thus the best may be yet to come as that case-law progresses in the future.

scholarly journals ESTUDO SOBRE A REALIZAÇÃO DO DIREITO DA PROTECÇÃO DE DADOS PESSOAIS ATRAVÉS DA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

2020 ◽  
Vol 29 (1) ◽  
Author(s):  
Rita De Sousa Costa
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Personal Data Protection ◽  
Court Of Justice ◽  
European Data ◽  
Data Protection Law

[PT]No presente texto, apresentamos as grandes linhas de aplicação do direito europeu da protecção de dados conforme gizadas pela jurisprudência do TJUE, com o objectivo de demonstrar como e em que medida este Tribunal modelou – e continua a modelar – o quadro jurídico em vigor, na certeza de que aquela jurisprudência impõe um conjunto de desafios determinantes para a realização material do direito europeu da protecção de dados pessoais. [ESP]Este texto presenta las líneas generales de la aplicación de la legislación europea de protección de datos tal como se establece en la jurisprudencia del TJUE, con el objetivo de demostrar cómo y en qué medida este Tribunal ha configurado -y sigue configurando- el marco jurídico vigente, con la certeza de que la dicha jurisprudencia plantea una serie de retos cruciales para la aplicación material del derecho europeo de la protección de datos personales. [ENG]This text outlines the implementation of the European data protection law as laid down in the case-law of the Court of Justice of the European Union, with the aim of demonstrating how and to what extent the Court has shaped – and continues to shape – the current legal framework. The case-law analysed points out a plethora of challenges which are key to the implementation of the European personal data protection law.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Equality and Diversity Management Inside the Institutions of the European Union

2020 ◽  
Vol 12 (1) ◽  
pp. 223-240
Author(s):  
Silvia Manessi
Keyword(s):  
European Union ◽  
English Language ◽  
Diversity Management ◽  
Legal Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Legal Provisions ◽  
Starting Point ◽  
Equality And Diversity ◽  
The Eu

The aim of this paper is to analyse the legal framework regulating the careers of civil servants working for the EU institutions and reveal how the values of equality and diversity are communicated and embedded in their daily lives. The research examines the English language used in the HR legal framework of the EU institutions and explores the linguistic aspects related to equality and diversity management and inclusive language. The starting point of this research is the idea that the European Union is based on the values of democracy, the rules of law and the equal treatment of its citizen, who are celebrated for their diversity. It is thus highly relevant to look at the EU in action and see if it is consistent in the understanding and application of these values. The methodological approach of this research entailed the creation and analysis of a unique corpus composed of all the applicable HR legal provisions in force within the EU institutions, and the examination of the linguistic features (word lists by frequency, concordances, collocations and lexical bundles) of the terminology related to four different areas of equality and diversity – the LGBTI community, gender, the elderly and persons with a disability – with the final aim to take stock of the related developments in the use of the English language. The results indicate that the language used in the EU HRM legal framework is not in line with the EU values of equality and diversity, and the research concludes with highlighting possible improvements of the language used in the corpus.

scholarly journals Extradition under the Legislation of the Russian Federation and Member States of the European Union

2020 ◽  
Vol 37 (65) ◽  
pp. 93-102
Author(s):  
Elena A. Kupryashina ◽  
Snezhana S. Khalimonenko ◽  
Aleksander A. Nasonov ◽  
Ekaterina A. Novikova ◽  
Sergey F. Shumilin
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Comparative Method ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
European Convention ◽  
The European Union ◽  
Member States ◽  
Legal Provisions ◽  
The Russian Federation

The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.

scholarly journals Exceptions to the Principle of Free Transmission and Retransmission of Audiovisual Media Content − Recent European Case-Law

2020 ◽  
Vol 9 (1) ◽  
pp. 83-103
Author(s):  
Zsolt Kokoly
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
Media Content ◽  
The European Union ◽  
Legal Norms ◽  
Audiovisual Media ◽  
Court Of Justice ◽  
Legal Context ◽  
Media Services

Case-law of the Court of Justice of the European Union, as well as procedures taking place before the Commission aiming to clarify certain aspects regarding freedom of services – in this case, the principle of free transmission and retransmission of audiovisual media services – have always been regarded as particularly important in offering guidance in interpreting and applying European legal norms. The adoption in December 2018 of the revised text of the Audiovisual Media Services Directive (Directive 2018/1808) marks the transition to a new, amended legal framework. It also enables the critical review of the last case decided in front of the Court of Justice of the European Union, still instrumented according to the provisions of Directive 2010/13/EU: Case C‑622/17 (Baltic Media Alliance v. Lietuvos radijo ir televizijos komisija). While the main focus of the present paper lies with Case C‑622/17, for a cogent understanding of the extended judicial and legal context of the case, we will briefly examine the four procedures successfully submitted to the Commission (by Lithuania and Latvia between 2015 and 2018), based on Art. 3 of the AVMSD (restriction based on public policy reasons, in this case incitement to hatred), and the only procedure based on Art. 4 (the “anti-circumvention procedure”) submitted in the lifespan of Directive 2010/13/EU by the Kingdom of Sweden (2017).

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

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