Staat – Religion – Recht

2020 ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
State Government ◽  
Constitutional Law ◽  
70Th Birthday ◽  
European Perspective ◽  
European Union Law ◽  
Legal Policy ◽  
Legal Problems ◽  
Broad Field

Gerhard Robbers is one of the most distinguished scholars in the field of constitutional law on religion in Europe. At the same time, he dedicates himself to several other legal topics. On the occasion of his 70th birthday and in order to honour him as teacher, scholar and practitioner, the “Festschrift” brings together contributions covering his fields of work: State and religion, fundamental questions of state government, constitutional law, European Union law, fundamental and human rights as well as legal policy. The 61 contributions are written in German and English, and address both basic as well as highly topical legal problems. The “Festschrift” has a clear focus on State and religion from a national, comparative and European perspective. This way, it constitutes one of the most comprehensive works in this broad field of law. With contributions by Arnd Arnold, Sima Avramović, Johannes Barrot, Frauke Bronsema, Peter Bülow, Engin Ciftci, Sabine Dahm, Kerstin von der Decken, Franz Dorn, Horst Ehmann, Achilles C. Emilianides, Arndt Faatz, Silvio Ferrari, Lars Friedner, Angelika Günzel, Christian Heitsch, Reinhard Hendler, Ansgar Hense, Mark Hill, Ekkehard Hofmann, Alexander Hollerbach, Friedhelm Hufen, Iván C. Ibán, Christina Ioannou, Blaž Ivanc, Siegfried Jutzi, Urs Kindhäuser, Merilin Kiviorg, Matti Kotiranta, Volker Krey, Javier Martínez-Torrón, María Concepción Medina González, Francis Messner, Andreas Mühling, Hans-Friedrich Müller, Eckhard Nagel, Lina Papadopoulou, Christian Pernhorst, Richard Potz, Alexander Proelß, Matthias Pulte, Thomas Raab, Michael Rahe, Thierry Rambaud, Miguel Rodríguez Blanco, Martell Rotermundt, Matthias Ruffert, Thomas Rüfner, Michał Rynkowski, Balázs Schanda, Meinhard Schröder, Harald Schroeter-Wittke, Gábor Spuller, Henning Tappe, Emanuel Tavala, Rik Torfs, Antje von Ungern-Sternberg, Heinrich de Wall, Karin von Welck, Joachim Wieland, Michael Wiener, Wolfgang Wieshaider and Arne Ziekow.

scholarly journals Subsidiarity in Private Law?

2020 ◽  
Vol 24 (1) ◽  
pp. 1-25
Author(s):  
Mat Campbell
Keyword(s):  
European Union ◽  
Human Rights ◽  
English Language ◽  
Catholic Social Teaching ◽  
Roman Catholic ◽  
Social Teaching ◽  
Private Law ◽  
Human Rights Law ◽  
European Union Law ◽  
Legal Rules

This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article casts a wide net for consensus. It offers six propositions about what it means to designate a rule or relationship (between legal regimes, say) as one of subsidiarity. These are formulated by reference, principally, to thinking about subsidiarity outwith private law; and, secondarily, to (i) miscellaneous literature about subsidiarity, (ii) the general French private law literature about subsidiarity, and (iii) what little can be gleaned from relevant unjust enrichment discourse in English. The state of play in that discourse is summarised, before the choice of Roman Catholic social teaching, European Union law, and European human rights law as settings to examine for their conceptions of subsidiarity is explained, and subsidiarity in each of these contexts is sketched out. Succeeding sections then outline each proposition, and clarify how it may be derived from the sources. The paper concludes by reflecting guardedly on the potential of subsidiarity in private law, as a way to model the interrelation of private law claims and doctrines.

scholarly journals Refl ections on the Principle of Equal Treatment in EU Law and the Jurisprudence of the Court of Justice of the European Union and the European Convention on Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 5-23
Author(s):  
Marija Daka
Keyword(s):  
European Union ◽  
Human Rights ◽  
Equal Treatment ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Complex Approach

The paper presents some of the most relevant aspects of European nondiscrimination law established th rough European Union law and the European Convention on Human Rights, looking also at the evolution of the norms and milestones of case-law on equal treatment within the two systems. The paper gives an overview of the non-discrimination concept as interpreted by the Court of Justice of the European Union and by the European Court of Human Rights. We examine the similar elements but also give insight into conceptual differences between the two human rights regimes when dealing with equal treatment. The differences mainly stem from the more complex approach taken by EU law although, based on analysed norms, cases, and provisions, the aspects of equal treatment in EU law are largely consistent with the practice of the ECtHR. Lastly, the paper briefl y places the European non-discrimination law within the multi-layered human rights system, giving some food for thought for the future potential this concept brings.

Unaccompanied Migrant Minors at the Frontier of Human Rights. The Spanish Case

2019 ◽  
Vol 27 (4) ◽  
pp. 796-820
Author(s):  
Patrizia Rinaldi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Age Determination ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
European Union Law ◽  
Migration System ◽  
Rights Of The Child ◽  
European Values

Protecting children is paramount for upholding the European values of respect for human rights, dignity and solidarity. It is also about enforcing European Union law and respecting the Charter of Fundamental Rights of the European Union and international human rights law on the rights of the child. The existing EU legislation provides a framework for the protection of the rights of the child in migration, including reception conditions, dealing with their applications and integration. This article elaborates on provisions concerning the international protection system for minor migrants. It examines entry strategies put into place by young migrants facing the Spanish migration system. The first part examines the guidelines of the reception system for unaccompanied migrant minors arriving in Spain. An assessment of the Spanish arrangements for the reception of umms is carried out in the second part, focussing on three key aspects: refoulement at the border (pushback), age determination and guardianship.

The ‘Equivalent Protection Test’: From European Union to United Nations, from Solange II to Solange I

2014 ◽  
Vol 10 (2) ◽  
pp. 226-262
Author(s):  
Sébastien Platon
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Nations ◽  
Constitutional Law ◽  
German Law ◽  
European Convention ◽  
Legal Systems ◽  
French Law

Human rights – European Convention on Human Rights – European Union – United Nations – Smart sanctions – Constitutional law – French law – German law – Conflicts between legal systems – Equivalent protection – Solange

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.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

14. Torts

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
European Union ◽  
Human Rights ◽  
Tort Liability ◽  
European Union Law ◽  
Public Authorities ◽  
Public Office ◽  
Constitutional Principle ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The One

A claim for damages for loss caused by a public authority gives a court the opportunity to do justice for the claimant, and also to impose the rule of law on the administration. The challenge is to do both without interfering in the administrative pursuit of public goods, and without creating public compensation funds that only a legislature can legitimately create. It is an important constitutional principle that liabilities in the law of tort apply to public authorities, just as to private parties. But there is no general liability to compensate for public action that was unlawful; the impugned conduct must meet the standard requirements of the tort liability of private parties, with the exception of the one public tort: misfeasance in a public office. This chapter discusses trespass to property, statutory liabilities, negligence, misfeasance in public office, and damages under the Human Rights Act 1998 and under European Union law.

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