The Perilous Balance between Legal Protection of Adults and their Fundamental Rights and Freedoms : A Comparative Study of the Rights of French and German Guardianship

2019 ◽  
pp. 403-416
Author(s):  
Charles Walleit
Keyword(s):  
Comparative Study ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Fundamental Rights And Freedoms

scholarly journals Problematyka przemocy w rodzinie w świetle wybranych uregulowań międzynarodowych

2016 ◽  
Vol 39 ◽  
pp. 167-189
Author(s):  
Agnieszka Olszewska
Keyword(s):  
Domestic Violence ◽  
Legal Protection ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Of Europe ◽  
The Public ◽  
International Regulations ◽  
Protection Of Human Rights ◽  
Polish Law ◽  
Fundamental Rights And Freedoms

The issues of domestic violence in the context of chosen international regulationsIn the article the problem of domestic violence in the context of legal regulations relating to the protection of human rights is discussed. Reference was made to the historical origins of activities related to the legal protection of fundamental rights and freedoms. A distinction of women’s rights, children and domestic violence in relation to the practice of the United Nations, the Council of Europe and the European Union is considered as a tool to present arguments. The article describes the most important documents regarding the rights of women and children and domestic violence; the rights and duties imposed on signatories in the context of protection of rights and the development of regulations and methods of their implementation referring also to Polish law. The discussion that took place in the public debate prior to ratification of the Convention of the Council of Europe is also touched. The article is an attempt to indicate a significant space they occupy on the issues of domestic violence and their protection in the listed international regulations.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

scholarly journals UKRAINE ON THE WAY OF INTEGRATION TO THE EUROPEAN COMMUNITY

2020 ◽  
pp. 170-191
Author(s):  
Serhij Zdioruk
Keyword(s):  
Fundamental Rights ◽  
The Body ◽  
National Interests ◽  
Religious Influence ◽  
Electoral Laws ◽  
Historical Retrospect ◽  
Hybrid War ◽  
Effective Organization ◽  
Fundamental Rights And Freedoms ◽  
Ukrainian Society

The article analyzes the problems of political and religious influence of Russia on the formation of the Ukrainian state in historical retrospect and in modern conditions of hybrid war. Europe wants to see the civilized Ukraine, based on the primacy of law, sustainable development, values of democracy and freedom for all citizens without exception. It is not only about political and economic aspects, but also about spiritual and cultural ones. Constituting the Local Ukrainian Orthodox Church is a powerful spiritual and ideological pillar of the Ukrainian State in building a democratic society, strengthening its image in the world. With the above in view and under the described situation the issue of fast integration of Ukraine into the European and world community becomes more urgent. Religion plays a significant role in this process, which is so important to regulate by the legislation. Thus we see the need for continued reform of the Ukrainian legal system starting from the fundamental political system governed by the Constitution of Ukraine, electoral laws and in particular the body of laws governing the fundamental rights and freedoms of the citizens of Ukraine. The article suggests some high priority measures aimed on creation of conditions for realization of integrative opportunities of religious factors. The proposals provide concrete and effective tools, the implementation of which is aimed at neutralizing the threats of «russkiy mir» in Ukrainian society and formulates recommendations for effective organization of political and legal mechanisms to protect national interests and strengthen national security of Ukraine.

EUROPEAN INSTITUTIONS AND MECHANISMS FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MILITARY PERSONNEL

2021 ◽  
Vol 17 (1) ◽  
pp. 175-182
Author(s):  
Madălina PREDA (DAVIDOIU)
Keyword(s):  
Human Rights ◽  
Military Personnel ◽  
Fundamental Rights ◽  
International Treaties ◽  
Strategic Objectives ◽  
European Institutions ◽  
Legal Foundation ◽  
Standards Of Conduct ◽  
Fundamental Rights And Freedoms ◽  
The Military

Abstract: Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.    

Topical Issues of the Russian State Antimonopoly Policy (Proposals for the Draft National Plan for the Development of Competition for 2021-2025)

2021 ◽  
pp. 16-35
Author(s):  
A. N. Golomolzin
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Intellectual Activity ◽  
Digital Platforms ◽  
Economic Relations ◽  
Russian State ◽  
Fundamental Rights And Freedoms ◽  
Procurement System ◽  
And Control

The article is devoted to the development of Antimonopoly policy for the future 2021-2025, which ensures the fundamental rights and freedoms of consumers and entrepreneurs, and supports existing and new forms of economic activity in the context of profound changes in the economy. It is about how the new situation in the markets and in life is beginning to test the foundations of understanding economic and human relations. The author formulates the values of economic development in the new conditions. It is said that the role of consumers in the conditions of clip thinking is decreasing, and they need to be activated in the digital economy. The author assesses the emergence and development of new «human — machine» and «machine - machine» relationships, the ongoing convergence processes, the formation of multilateral, interconnected and global markets, and the correlation of the real and virtual world.Approaches to intellectual Antimonopoly regulation that stimulate innovative development are proposed. Recommendations are given for improving the Antimonopoly policy, taking into account the problems and challenges caused by the coronavirus and similar threats. Approaches to legal regulation of the activities of operators (aggregators) of digital platforms are proposed. Recommendations are given on the procedure for applying Antimonopoly legislation to actions and agreements on the exercise of exclusive rights to the results of intellectual activity. The article substantiates the need to switch to Pro-competitive, flexible, long-term tariff regulation and resuscitate structural reforms based on competitive mechanisms. Changes in international cooperation in the field of Antimonopoly policy are discussed. It is said about creating equal conditions for the activities of Russian and foreign participants in the e-Commerce markets. It is shown how, based on the creation of an exchange ecosystem, it is possible to form one of the world's financial centers in the country. Proposals are made to decriminalize the regulation and control of economic relations in General, as well as issues of Antimonopoly and tariff policy, and state procurements. We propose conceptual changes in the public procurement system with the transition from control of procedures to control the achievement of results using objective quotations of the prices of goods (works, services).

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

Fundamental Rights and Freedoms

2000 ◽  
pp. 133-173
Author(s):  
Stefan Griller ◽  
Dimitri P. Droutsas ◽  
Katrin Forgó ◽  
Gerda Falkner ◽  
Michael Nentwich
Keyword(s):  
Fundamental Rights ◽  
Fundamental Rights And Freedoms
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