scholarly journals Monitoring of the employee’s Internet use in the workplace in the light of selected case law of the European Court of Human Rights and Polish case law

2020 ◽  
Vol 4 ◽  
pp. 63-77
Author(s):  
Karolina Mania
Keyword(s):  
Human Rights ◽  
Content Analysis ◽  
Subject Matter ◽  
Internet Use ◽  
Case Law ◽  
Research Subject ◽  
Online Activity ◽  
European Court ◽  
The Subject ◽  
Legal Methodology

This article analyses selected case law of the European Court of Human Rights (ECHR) as well as Polish case law in the subject matter specified in the title, i.e. the monitoring of Internet use by employees in the workplace. The author has selected the research subject based on the own observations on the existence of nuances and divergences in the ECHR’s case law in this field, as well as a growing importance of this matter in the context of increasing employees’ online activity at work. The study is based on such research methods as content analysis, comparative legal methodology and the formal-dogmatic approach.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals Exhaustion of domestic remedies as a condition of lodging a complaint before the European Court of Human Rights

2017 ◽  
Vol 1 (3) ◽  
pp. 168-173
Author(s):  
Tamara Gerasimenko
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Scientific Methods ◽  
European Court ◽  
International Court ◽  
Scope Of Application ◽  
The Subject ◽  
Effective Remedy ◽  
The Right

The subject. The article is devoted to the subject of the exhaustion of domestic remediesbefore filing a complaint to the European Court of Human Rights.The purpose. The purpose of this article is to show and reveal the characteristics of suchimportant condition of lodging a complaint before the European Court of Human Rights asthe exhaustion of domestic remedies.The methodology. The following scientific methods have been used to write this article:analysis, comparing and making conclusions.Results, scope of application. The right of individual petition is rightly considered to be thehallmark and the greatest achievement of the European Convention on Human Rights. Individualswho consider that their human rights have been violated have the possibility oflodging a complaint before the European Court of Human Rights. However, there are importantadmissibility requirements set out in the Convention that must be satisfied beforea case be examined. Applicants are expected to have exhausted their domestic remediesand have brought their complaints within a period of six months from the date of the finaldomestic decision. The obligation to exhaust domestic remedies forms part of customaryinternational law, recognized as such in the case – law of the International Court of Justice.The rationale for the exhaustion rule is to give the national authorities, primarily the courts,the opportunity to prevent or put right the alleged violation of the Convention. The domesticlegal order should provide an effective remedy for violations of Convention rights.Conclusions. The rule of exhaustion of domestic remedies is an important part of the functioningof the protection system under the Convention and its basic principle. 

Zakharov v. Russia (Eur. Ct. H.R.)

2016 ◽  
Vol 55 (2) ◽  
pp. 207-266
Author(s):  
Lorna Woods
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
European Court ◽  
The Subject ◽  
Grand Chamber ◽  
National Systems

The European Court of Human Rights (ECtHR) in Zakharov v. Russia held that the Russian system of surveillance constituted a violation of Article 8 of the European Convention on Human Rights (ECHR). This decision is not the first judgment concerning surveillance, but it is of note because it is a Grand Chamber judgment in which the ECtHR drew together strands of its existing case law. It comes at a time when national systems of surveillance are the subject of much scrutiny: further cases are pending before the ECtHR.

The European Court of Human Rights Case Law and Its Impact on Parliamentary Removal of a Judge in Malta

2014 ◽  
Vol 3 (2) ◽  
pp. 248-275
Author(s):  
Kevin Aquilina
Keyword(s):  
Human Rights ◽  
House Of Representatives ◽  
Case Law ◽  
Fair Trial ◽  
European Court ◽  
The Subject ◽  
The Right

This article analyses the case law of the European Court of Human Rights relating to Parliamentary removal of a judge. The Court’s earlier approach did not extend the right to a fair trial to judicial removal motions before the Maltese unicameral House of Representatives. The Court’s latest case law has reversed its earlier interpretation with all the attendant consequential implications brought about for Malta which now has to amend its Constitution on the subject. This novel landmark interpretation implies that should Parliament attempt to remove a judge, that constitutional procedure will fall foul of the right to a fair trial.

scholarly journals KAZNA DOŽIVOTNOG ZATVORA U EVROPSKOM SISTEMU ZA ZAŠTITU LJUDSKIH PRAVA

2021 ◽  
Vol 59 (1) ◽  
pp. 159-171
Author(s):  
Nezir Pivić ◽  
Lejla Zilić-Čurić
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Research Paper ◽  
European Convention ◽  
Legal Analysis ◽  
Life Imprisonment ◽  
Human Right ◽  
Legal Standards ◽  
European Court ◽  
The Subject

Sentencing to life imprisonment is not in contrast with human rights issued in European Convention for the protection of Human Rights and Fundamental Freedoms. However, the sentenced imposed to life imprisonment and system to of its execution must meet certain standards to be compatible with requirements stated in Article 3 of European Convention. The subject of our research paper are mentioned standards that Contracting States have to respect in terms of enforcing the sentence of life imprisonment. Introduction to the subject of the research is given in the form of penological review of life imprisonment as well as review of internationally established legal standards under the umbrella of the United Nations and the Council of Europe that relate to sentencing and enforcement of life imprisonment. In focus of this research paper is case law of the European Court of Human Rights that refer to life imprisonment. In that context, the focus of this research paper deals with the issue of the relationship between life imprisonment and prohibition of torture as human right that is absolutely protected and the issue of the Contracting States’s margin in appreciation in prescribing the form and conditions of revision of the sentence. The intention of the authors is focused on the legal analysis of Strasbourg case law on issue of compatibility of life imprisonment with the requirements of the Article 3 of the European Convention and to present the standards generated by Strasbourg case law regarding the implementation and mechanism of revision of life imprisonment.

scholarly journals The application of the right to be forgotten in the context of criminal records expungement: the case law of the European Court of Human Rights and the case law of the us courts

1970 ◽  
pp. 379-389
Author(s):  
Anatoliy Lytvynenko
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The United States ◽  
Criminal Record ◽  
Court Order ◽  
Right To Privacy ◽  
Criminal Records ◽  
Right To Be Forgotten ◽  
European Court ◽  
The Subject

The personal right to privacy, which had been elaborated in the jurisprudence of Anglo-American and Continental law states, has rapidly transmuted into modern forms owing to technological advancement of data maintenance and data processing which gradually involved photographing, fingerprints and various DNA data. At the dawn of the 20th century, a multitude of lawsuits concerning criminal records expungement broke out – therein, the plaintiffs tried to obtain a court order for destroying their criminal record data, as well as data relating to a suspicion in committing crimes. The mode of data dissemination to, e.g. employers, educational institutions, banking and credit institutions has repeatedly had a negative effect on plaintiffs’ lives. The United States case law has not once shown that even in the pre-computer era the maintenance of such personal data for an unlimited time period could frequently bring to deplorable consequences – for instance, the plaintiff lost his job or business, or was unable to take a loan, which brought to new lawsuits wherein the plaintiffs applied for a court order either to expunge, or to restrict the dissemination of their respective criminal records by the law enforcement agencies. However, the case law hints that such data was also disposed by banks and various governmental institutions. Similar actions were also lodged to the European Court of Human Rights since 1990s which brought the issue at an international level. Bearing in mind a series of various “right to privacy” interpretations, especially a “right to be forgotten”, the author suggests relating the aforesaid actions to the said category. This paper is stringently devoted to the “criminal record expungement” aspect of this right. The paper is subdivided into two parts. The first part deals with the jurisprudence of the European Court of Human Rights on the subject. Quite a few decisions have been delivered by the said Court. The majority of the described judgments were delivered after the actions had been commenced against the government of France for introducing the plaintiffs into digital offender databases with an extremely vague legal possibility of criminal data expungement, and only in one of the trials the plaintiff succeeded. The second part of the paper is devoted to an analysis of US case law on the subject. The author discusses several notable judgements delivered by courts of state and federal jurisdictions as well as conducts a generalization of a) conjectural negative consequences to plaintiff in case his data is maintained indefinitely; b) groups of judgments where the courts adher either to order to expunge criminal records, to return the folder with them to plaintiff, or to restrict their dissemination, or not to expunge them at all.

3. Subject matter

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Subject Matter ◽  
Case Law ◽  
Copyright Law ◽  
European Court Of Justice ◽  
Dramatic Works ◽  
The Third ◽  
European Court ◽  
Musical Works ◽  
The Subject ◽  
Exhaustive List

This chapter is concerned with the subject matter, or types of creation, protected by copyright law as stipulated by the Copyright, Designs and Patents Act 1988. Eight categories of work are examined: literary works, dramatic works, musical works, artistic works, films, sound recordings, broadcasts, and published editions (or typographical works). The chapter considers the definitions of these categories of work in the case law and through the jurisprudence of the European Court of Justice. It also discusses three important issues. First, that legal categories do not necessarily correspond to the objects usually associated with copyright law. Second, that all types of subject matter that are protected by copyright are referred to as ‘works’. The third issue, and the most problematic, is whether the list of works must be treated as an exhaustive list.

Advisory opinions under Protocol No. 16 to the European Convention on Human Rights

2015 ◽  
Vol 11 (2) ◽  
pp. 274-292 ◽  
Author(s):  
Ada Paprocka ◽  
Michał Ziółkowski
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
European Convention ◽  
Advisory Opinion ◽  
European Court ◽  
The Subject ◽  
Advisory Opinions ◽  
Legal Consequences

European Court of Human Rights – Protocol No. 16 to the European Convention on Human Rights – Protocol No. 16 as part of the European Court of Human Rights reform – Advisory opinions under Protocol No. 16 – Authority requesting an advisory opinion – The subject matter of an advisory opinion – Legal consequences of advisory opinions

scholarly journals Human dignity: an illusory limit for the evolutive interpretation of the ECHR?

Amicus Curiae ◽  
2019 ◽  
pp. 20-28
Author(s):  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Case Law ◽  
Senior Lecturer ◽  
Public International Law ◽  
European Court ◽  
The Subject ◽  
The Relationship

In this article Pavel Bureš (Senior Lecturer in Public International Law in the Faculty of Law at Palacky University, Czech Republic) aims to portray some basic elements of the relationship between the concepy of human dignity and the evolutive interpretation, setting out key elements, notions and considerations for further thoughts. The article presents some basic issues related to the subject matter, then focuses on the evolutive interpretation, and finally outlines the role of human dignity in the case law related to the evolutive interpretation. Index keywords: Human rights, human dignity, European Court of Human Rights

scholarly journals Reasonable Time in Criminal Proceedings of Ukraine in the Context of the European Court of Human Rights Case Law

2021 ◽  
Vol 11 (2) ◽  
pp. 701-715
Author(s):  
Bohdan Derdiuk ◽  
Serhii Kovalchuk ◽  
Snizhana Koropetska ◽  
Vasyl Savchenko ◽  
Oleksandra Smushak
Keyword(s):  
Human Rights ◽  
Practical Implication ◽  
Case Law ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Reasonable Time ◽  
European Court ◽  
Time Period ◽  
The Subject ◽  
Definition Of

The purpose of the paper is an analysis of the notion of reasonable time, period which is taken into account in their calculation and criteria for determining a reasonable time for criminal proceedings in Ukrainian criminal procedural legislation in the context of the European Court of Human Rights case law. The subject of the study is an analysis of Ukrainian criminal procedural legislation from the point of view of its conformity to the ECHR’s case law in the designation of a reasonable time, period which is taken into account in calculation of a reasonable time and criteria for its determining for criminal proceedings. The research methodology includes comparative legal, systematic, functional, formal legal and others methods. The results of the study. The period which is taken into account in calculation of a reasonable time and the criteria for its determining is studied comprehensively as a basis for definition of the notion of reasonable time. Practical implication. The range of suggestions for improvements of Ukrainian criminal procedural legislation relating content of reasonable time and mechanism used to their calculate is defined. Value / originality. Based on the results of an analysis the authors’ concept of reasonable time is proposed.

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