Theoretical-philosophical dimensions of the notion of freedom of consciousness

The freedom of conscience is a fundamental freedom, which belongs to the nature of the human being. The degree of protection of this freedom determines the essence of any political regime, the violation of freedom of conscience being the main indicator of a totalitarian regime. Contrary to apparent simplicity, the freedom of conscience is a complex and multidimensional notion. For centuries, philosophers, historians and lawyers have given multiple meanings to its theoretical perception. However, the components of this notion, such as "freedom" and "consciousness", have always been considered as conjugate and interdependent. The content of the concept of the "freedom of conscience" does not appear as a mechanical sum of components, but has its own meaning, determined by its multidimensional nature. The complexity of the category of the freedom of conscience conditions the possibility to identify several aspects of it: ethical-moral, philosophical, sociological, political, atheistic, religious and legal.

O DIREITO SOCIAL DE MORADIA

The importance of the social housing right for society is due to the fact that it is essential for it to be fair, free, equal and democratic. This article aims to analyze the effectiveness and applicability of the right to housing in Brazilian society by examining its explainingthe importance of this right for the dignity of the human person. Social Rights are provided forin art. 6 of the 1988 Federal Constitution and are characterized as content of the social order. They are related to fundamental freedom and equality, which guarantee individuals material conditions necessary for their dignified survival, consisting of essential assumptions for the exercise of citizenship and for the Democratic Rule of Law. The method used in this project was bibliographic research. Based on the constitutional provisions, which ensure the social right to housing as an essential point of this study, always interpreting them based on the concept of human dignity. We also use the best doctrines on the topic, using Constitutional Law manuals and articles to support our conclusions.

Freedom of movement in terms of justification in a democratic society: ECtHR approaches

The article is devoted to the right to freedom of movement, guaranteed by the Article 2 of the Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms and compliance with the requirement of «necessity in a democratic society» while restricting freedom of movement. The article mentions the implementation of Article 2 of Protocol 4 to the Convention and the case law of the ECtHR by national courts in practice. In particular, it is stated that Article 2 of Protocol 4 to the Convention is most often applied in decisions of the courts of civil jurisdiction (507), less so in cases of the administrative courts (47), although namely administrative justice must protect human rights from arbitrary state interference. Article 2 of Protocol 4 to the Convention is most frequently applied by administrative courts in numerous and uncomplicated cases concerning the registration of a person's place of residence. It is noted that freedom of movement includes 3 aspects: free movement, freedom to choose residence and the right to leave any country freely, including one's own. It is emphasized that freedom of movement, even though it is a fundamental freedom, is not absolute and may be restricted under the conditions set out in Article 2 of the Protocol. Restrictions on freedom of movement must be necessary in a democratic society. Proportionality is an indirect requirement of necessity in a democratic society. The concept of «necessity in a democratic society» is the most unusual for national jurisprudence. A study of the ECtHR case law on Article 2 of Protocol 4 shows that freedom of movement is most often violated because the imposed restrictions are not justified in a democratic society. Using the ECtHR case law (judgements «Garib v. The Netherlands», «Soltysyak v. Russia», «Stamose v. Bulgaria», «Bartik v. Russia») revealed (named, described) key aspects (factors) taken into account by the ECtHR when verifying compliance with the criterion of «necessity in a democratic society» and proportionality in the consideration of complaints concerning the restriction of the right to freedom of movement. It is appropriate to take into account the following factors: the private situation of the person whose right is restricted, the severity of the measure, the duration of restrictions, the availability of judicial review. The circumstances that exist in the state at the time when the restrictions are applied are important. Restrictive measures must be appropriate to the purpose pursued throughout the duration of the restrictions. To determine whether the restriction was proportionate, it is necessary to take into account the dynamic approach to the interpretation of the ECHR, according to which the Convention is a «living" instrument and should be interpreted in the current context. Key words: freedom of movement, Protocol № 4 to the Convention, ECtHR practice, restrictions, administrative jurisdiction, necessity in a democratic society, proportionality.

13. Free Movement of Goods I

This chapter analyses the constitutional regime of ‘negative integration’ in the context of the free movement of goods. The free movement of goods has traditionally been the most progressive fundamental freedom within the internal market. The negative integration regime for goods is split over two sites within Part III of the Treaty on the Functioning of the European Union (TFEU). And with regard to goods, the EU Treaties further distinguish between fiscal restrictions and regulatory restrictions. The fiscal restrictions include pecuniary charges that are imposed on imports or exports (customs duties and discriminatory taxation), while the regulatory restrictions include non-tariff measures that limit market access by ‘regulatory’ means. The chapter then looks at possible justifications for such regulatory restrictions.

16. Free Movement of Services and Capital

This chapter focuses on the third and fourth fundamental freedom of the European Union's internal market: the freedom of services and the freedom of capital. It begins by analysing the general aspects of the free movement of services. The European Court has significantly pushed negative integration through a restriction test; yet the Union has here equally followed a positive integration path in the form of the ‘Services Directive’. The chapter moves to two special—and very controversial—services regimes, namely that for posted workers and that for public services. It then deals with the free movement of capital, considering the scope of the (negative) freedom and surveying the various grounds on which restrictions to the free movement of capital may be justified.

General Introduction of the Shura Council in Saudi Arabia and Parliamentary Diplomacy

Aim: The thesis aims to evaluate the role of the Shura Council in Saudi Arabia's transition and identify if Shura Council can be a catalyst for change in the nation's foreign policy. Saudi's economy is over-relying on oil production, which increases the Kingdom's vulnerability due to uncertainties in the oil markets and other risks. Saudi's vision 2030 aims to decrease Saudi Arabia's dependence on oil and expand the Kingdom's economic resources. The vision 2030 is anchored on three pillars: solidifying the Kingdom's locus in the heart of the Arab and Islamic nations; the quest to become an international investment powerhouse; the Kingdom's strategic site with the capacity to be a hub that connects three continents Africa, Asia, and Europe.Method: The thesis adopts literature review as the main method to establish the composition and effectiveness of the Shura council its design functions.Findings: As currently constituted, the Shura council cannot freely champion effective foreign policies and regulations that support the Kingdom's goals. Shura council is fully under the kings' absolute power, denying them the opportunity to meet their democratic mandate.Concision: The Shura studies and interpret the laws, development plans, and the annual reports of Ministries and Government Sectors. Hence, the council also proposes and amend laws. As long as the Shura Council Members are still King's appointees, the political, social, and economic reforms that Saudi Arabians are eagerly waiting for will take decades to come by. Human rights violations are still evident.Recommendations: The study recommends constitutional monarchy adoption, need for human rights, and fundamental freedom laws to be upheld and allow public participation in legislative process. Strengthening the parliament's oversight roles require the Kingdom to grand Shura Council's independence granting power to partake a vote of no confidence, hearing, interpellation and make committees of inquiry where need be to help Saudi to attain vision 2030 goals.

Freedom of Worship during a Public Health State of Emergency in France

This paper analyses three key decisions issued by the French State Council in 2020 following emergency proceedings concerning the impact of pandemic-related measures on the freedom of worship. The Council interestingly recalls that the freedom of worship is a fundamental freedom, but shows, too, how it is influenced by circumstances when determining whether the measures limiting the freedom to practice one’s religion are proportionate to the goal of protecting public health.

Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

Die Figur eingriffsähnlicher Vorwirkungen: Zum Klimabeschluss des Bundesverfassungsgerichts

The Federal Constitutional Court declared the transformation path to climate neutrality as established by the legislature in the Climate Protection Act to be unconstitutional. Not mainly the result of this climate decision but the reasoning of the Federal Constitutional Court is spectacular. Above all, the innovation in the German “Dogmatik” of fundamental rights is surprising. The Federal Constitutional Court does not modify its jurisprudence on the duty to protect resulting from fundamental rights but rather adheres to it and finds that “currently” the duty is not violated, nonetheless not ending its examination there. With the concept of advanced interference-like effects of fundamental freedom rights, the Court refers to fundamental rights as rights of defense against the state. This has caused irritation, remains partially vague and should be used as an opportunity to take a closer look at the new figure of advanced interference-like effects in the context of intertemporal safeguarding of freedom.