scholarly journals A BRIEF REVIEW OF THE CASE LAW ON THE RIGHT “TO BE FORGOTTEN”

2019 ◽  
Vol 30 (6) ◽  
pp. 1377-1383
Author(s):  
Liuba Tzakova
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Regulation ◽  
Virtual Space ◽  
The European Union ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Right To Be Forgotten ◽  
The Individual ◽  
The Right

Modern society is evolving at a faster pace than before and this process is driven by the technological progress and the access to virtual space and Internet. Physical exchange of information is being replaced by its virtual double which offers faster speeds in quite different dimensions compared to traditional ones. Virtual space reduces distances between different parts of the world, there are no state borders, the individual has the ability to provide and create electronic content from anywhere in the world.In this space of “limitless” freedom, however, there is an inevitable collision between the different interests of individuals which has its reflection in the material world. It is here that the increasing necessity to create rules and regulations for resolving future and already arisen conflicts becomes visible.This report addresses issues related to the deletion/erasure of information on the Internet relating to a particular person, or the so-called right “to be forgotten”. A person may refer to this right when he considers published and publicly available information about him on the network irrelevant, as well as when the information is not correct, is no longer up to date, or the ground for its processing has been dropped. The right “to be forgotten” is a conflict issue that shows both advantages and disadvantages. It offers opportunity for a new beginning and for protection of privacy7, but it is often necessary to restrict it in order to protect the right of the public to be informed and the freedom of speech.The European Union plays an active role in order to place this issue in a legal framework. It established legal regulation in the field with Directive 95/46 / EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data which is interpreted in connection with the Charter of Fundamental Rights of the European Union. The General Data Protection Regulation entered into force in 2018 and replaced Directive 95/46 /EC. Of particular importance for understanding and enforcing of the right “to be forgotten” is the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The role of the courts of the different countries should also not be underestimated.Despite the clarity that this regulation introduces, there are new issues that need to be addressed, such as the criteria for deleting personal information from the virtual space and in which cases the public interest is justified to take precedence over that of the individual and where it is not.

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”.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals The new European Union space policy in order to maintain Europe’s position among space leaders

2019 ◽  
pp. 20-31
Author(s):  
Piotr Kolczynski
Keyword(s):  
European Union ◽  
Outer Space ◽  
Public Institutions ◽  
Space Policy ◽  
The European Union ◽  
Private Companies ◽  
The Public ◽  
Eu Member States ◽  
Challenges And Opportunities ◽  
The Right

This paper analyzes the current EU space strategy and confronts it with existing global challenges in the space sector. The ultimate aim of this research is to recommend a well-adjusted space policy for the European Commission to ensure effective and sustainable exploration and use of outer space for the benefit of all EU member-states. In order to draft the most efficient space policy, the uniqueness of Europe’s space sector is studied. This paper argues that the EU space policy has to focus on guaranteeing European autonomy in access and use of outer space. The author extensively analyzes the challenges and opportunities related to dynamic development of private space sector’s activities. Emphasis is made on the significance of symbiotic cooperation between the public institutions and private companies regarding mutual benefits. The paper concludes that it is the right time for the European Union to build a bold and prospective space policy.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

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.

A First Glimpse of Light on the Emerging Invisible EU Model BIT

2014 ◽  
Vol 15 (3-4) ◽  
pp. 379-401 ◽  
Author(s):  
Frank Hoffmeister ◽  
Gabriela Alexandru
Keyword(s):  
European Union ◽  
Investment Policy ◽  
Public Consultation ◽  
The European Union ◽  
The Public ◽  
Investment Protection ◽  
Political Orientations ◽  
Partnership Agreement ◽  
The Right ◽  
Trade And Investment

The article recalls the general political orientations of the investment policy of the European Union (eu) as outlined by the three major institutions (Commission, Council, and Parliament) shortly after Lisbon. It then turns with some detail to the substantive standards and the enforcement chapter. The authors present a number of changes that the eu is pushing in its negotiations with Canada and Singapore and which are also outlined in the public consultation with respect to the eu-us Trade and Investment Partnership Agreement (ttip). They come to the conclusion that all these elements present “[a] new start for investment and investment protection,” marked by the need for “a better balance between the right of states to regulate and the need to protect investors,” as well as for an improved arbitration system in the emerging eu practice in its negotiations with third states.

scholarly journals Powództwo przeciw dyskryminacji w Ustawie z dnia 3 grudnia 2010 r. o wdrożeniu niektórych przepisów Unii Europejskiej w zakresie równego traktowania

2019 ◽  
Author(s):  
Paweł Śmiałek
Keyword(s):  
European Union ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Provision Of Services ◽  
Legal Position ◽  
The Subject ◽  
Legislative Activity ◽  
The Right ◽  
Legal Grounds

Discrimination is a phenomenon that has been existing in our society for many years. The main cause of increased legislative activity in European countries is the action of the European Union, which has issued a number of directives dealing with the problem of discrimination. Poland, as a member of the European Union, was obliged to implement anti-discrimination directives. The legislator did this by enacting the Act of 3 December 2010 on the implementation of certain European Union regulations on equal treatment (hereafter: the equality statute). The equality statue was a good step towards combating discrimination in areas such as the provision of services or capital fl ow. The legislator has also pointed to discriminatory features, including race, age, disability, sex, or sexual orientation. These features cannot serve as a basis for diff erentiating the legal position of legal entities. In carrying out a comprehensive analysis of the subject matter, the study presented in this article covered: the normative grounds of an anti-discrimination lawsuit, the right to compensation, which deviates signifi cantly from the defi nition set out in Article 361 of the Civ il Code, the substantive and legal grounds for action, the principles and the procedure for claiming compensation. The article also deals with the eff ectiveness of the application of the measure in the jurisprudence. To that end, the study examined the case law of common courts dealing with the facts related to the equality law. The Ombudsman and other anti-discrimination aut horities have also been contacted for information on the use of this measure. The paper identifi es as well, the potential solutions aimed at increasing the eff ectiveness and frequency of the use of anti-discrimination lawsuits before Polish common courts.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals Desplazamiento transnacional laboral genuino y ley aplicable al contrato de trabajo = Genuine posting and the law applicable to the employment contract

2018 ◽  
Vol 10 (1) ◽  
pp. 213 ◽  
Author(s):  
Francisco Javier Gómez Abelleira
Keyword(s):  
European Union ◽  
Home Country ◽  
Practical Implication ◽  
Employment Law ◽  
Employment Relationship ◽  
The European Union ◽  
Employment Contract ◽  
Provision Of Services ◽  
The Individual ◽  
The Right

Resumen: La aplicación correcta de la Directiva 96/71 exige identificar el desplazamiento temporal genuino. A tal efecto, los criterios de la Directiva 2014/67 se muestran insuficientes. El artículo construye el concepto de desplazamiento genuino profundizando en los elementos definitorios del desplazamiento temporal: temporalidad, mantenimiento de la relación laboral con el empleador del Estado de establecimiento y vínculo con la prestación transnacional de servicios. La implicación práctica más importante es que las autoridades del Estado de desplazamiento pueden decidir la aplicación íntegra de su ley laboral cuando encuentran que el desplazamiento no es genuinos.Palabras clave: desplazamiento transnacional de trabajadores; ley aplicable al contrato de trabajo; libre prestación de servicios; derecho de la Unión Europea.Abstract: The right application of Directive 96/71 requires the identification of genuine posting. To this aim the criteria laid down by Directive 2014/67 are insufficient. The article frames the concept of genuine posting building upon the defining characteristics of posting: temporality, the maintenance of the employment relationship with the home country employer, and the link with the transnational provision of services. The main practical implication is that the authorities of the host country can impose the full application of its employment law when they find that the posting is not genuine.Keywords: posting of workers; law applicable to the individual employment contract; freedom to provide services; law of the European Union.

scholarly journals THE NON BIS IN IDEM PRINCIPLE IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION - CONSISTENCY OR INCONSISTENCY?

2018 ◽  
Vol 12 (1) ◽  
pp. 25-34
Author(s):  
Darius-Dennis Pătrăuș
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Widespread Application ◽  
Criminal Offense ◽  
Res Judicata ◽  
Court Of Justice ◽  
The Right ◽  
Criminal Matters

The non bis in idem principle was first established in the Hammurabi Code (2,500 BC), under the name of res judicata pro veritate habetur.According to the non bis in idem principle, "no one is allowed to be summoned again in court or punished in another criminal case for the same criminal offense for which he has already been convicted or acquitted under the law of a state". The non bis in idem principle has a broad field of application in the field of international judicial cooperation in criminal matters.The harmonization of Member States' laws and the abolition of borders at EU level created the premises for the widespread application of the non bis in idem principle.For this reason, the Court of Justice of the European Union has been charged with interpreting the rule, namely the non bis in idem principle, as regulated in art. 54 CISA.At the present stage of regulation, an interpretation contrary to the non bis in idem principle would be likely to erode the right and affect international judicial cooperation in criminal matters.

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