Zastrzeżenia do Europejskiej Konwencji o Ochronie Praw Człowieka i Podstawowych Wolności

The first part of this article presents Article 57 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) and other reservation clauses (in protocols to the Convention) and discusses the characteristics of a system of reservations established by the ECHR and its Protocols. The second and third part analyse and critically appraise states’ practice concerning the formulation of reservations, and objections to other states’ reservations/declarations. The latter were formulated only in respect to some reservations formulated to the Protocol No. 1 to the ECHR. Before concluding with a general assessment of how this system works and what was its impact on other treaty regimes and on the general discussion on reservations to treaties, the role of the European Court of Human Rights (and the Commission before the entry into force of the Protocol No. 11) in the context of reservations is also discussed.

Interference with Freedom of Expression

Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.

THE RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY IN THE LEGAL FRAMEWORK OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS AND CASE LAW OF THE ECtHR

Objective:The author seeks to understand the content and legal guarantees of the right to sustainable, healthy and favorable environment in the jurisprudence of the European Court of Human Rights. The researcher seeks to list the case law of the ECtHR corresponding to environmental issues in order to define concrete aspects related to responsibility of the States for the climate change and global warming. The author analyzes new legal trends on the protection of the rights of individuals and groups to complain for violations of their rights to a healthy and favorable environment in the light of the European Convention on Human Rights. The article is focused on positive state obligations on a healthy and sustainable environment under the Convention provisions, Russian experience in eco-cases, admissibility criteria for complaints to the European Court of Human Rights in “environmental cases”. The writer gives an overview of the ECtHR’s legal positions on the right to a healthy and favorable (i.e. prosperous, clean, safe, quiet, calm, quality) environment by type of its pollution. The author considers the importance of facilitating the right to healthy environment according to the UN Sustainable Development Goals.Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. The author applied a case study method to select the most recent and pilot cases of the ECtHR practice.Results: The author founds out that despite the fact of a non-exhaustive list of the legal positions of the ECtHR concerning the environment effect on human life and health, there is a certain trend in Council of Europe towards an extended interpretation of the human right to healthy ecological situation responding to new challenges to the realization that right, such as, the decarbonization of industrial processes, right to light, right to fresh air, clean water and clean atmosphere, etc. The study concludes with an idea that right to sustainable, healthy and favorable right is a collective right. From the practical perspective, potentially group of individuals should complain to the international judicial institutions to the violation of this right. The importance of the protection of that right is increasing within the technological progress. The right to healthy environment imposes to the European States a legal obligation to ensure right to life, prohibition of torture, right to privacy, right to a fair trial, right to an effective remedy and prohibition of discrimination. The researcher also point out that cases of environmental rights violations are complicated in terms of preparing a complaint and processing by the ECtHR. Due to this fact, it is hard to do so with regard to the causal link between the acts (omission) of state agencies, the violation of environmental rights and the consequences that occurred. It is not clear from the text of the Convention which article directly should be applied.Contributions: Following a review of the content, the author raised possible problems, strategies, suggestions and guidelines for the protection of the right to sustainable and healthy environment. The author concluded that near future new categories of legal cases related to the state responsibility for global warming and climate change will appear in international and national judicial system. The author encourages the complement to the international legal regulation of the protection of the right to healthy, sustainable and favorable ecology on universal and regional level.

The new EU Directive on Transparent and Predictable Working Conditions in the context of new forms of employment

The article examines the reach, protective effects and limitations of the recently adopted European Union (EU) Directive on Transparent and Predictable Working Conditions. After explaining the need for a new instrument, the article analyses the Directive’s protective provisions. Cases of the European Court of Justice are presented to provide the wider context and explain how the EU social acquis impacts upon the implementation of the Directive. Finally, new developments in the EU labour and social field are discussed, making recommendations of possible avenues for providing protection to a larger category of workers.

Die Nacherfüllung aus Verkäufersicht

The thesis examines the question of which of the compared sales law systems is most likely to realize the (economic) interests of the seller in connection with the consumer’s claim for specific performance, which is characterized by a high level of consumer protection. In this respect, the thesis examines 7 different complexes - from the position of specific performance in the system of purchase warranty rights to the scope of specific performance owed and the objection of disproportionality. Dogmatic focal points are, for example, the problem of self-execution in the light of European Union law and the allocation of certain damage items to specific performance or to damage claims in the light of the case law of the European Court of Justice.

Theory and Practice of the European Convention on Human Rights

This edited book brings you a collection of current, critical issues regarding the theory and practice of the European Court of Human Rights. The book is divided into three parts: procedural concerns, principles and jurisprudence, and interaction with national legal systems. Each chapter was written by an expert, with each author coming from a distinct background. The authors all presented at the 2019 University of Leipzig’s & University of Dresden’s 1st International Summer School on the European Court of Human Rights, with only select presenters asked to contribute to this book. The book’s goal is to promote further research and discourse on the operation of the Court, a goal that will be continued in the second summer school in 2021. With contributions by Veronika Bilkova, Katharina Braun, Robert Frau, Hanaa Hakiki, Beti Hohler, Stefanie Lemke, Helga Molbaek-Steensig, Jacopo Roberti di Sarsina, Christiane Schmaltz, Barbara Sonczyk, Dominik Steiger, Edith Wagner and Alain Zysset.