Results 21 to 30 of about 145,852,437 (199)

Unconstitutionality of the General Administrative Procedure Act: The Constitutional Court as the 'positive legislator' [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2023
The Constitutional Court of Serbia declared Article 178(3) of the General Administra-tive Procedure Act (GAPA) unconstitutional. This provision sets an objective deadline for reopening of the administrative procedure.
Cucić Vuk
doaj   +1 more source

Between Safeguard and Constraint: Navigating Patient Autonomy in Protective Laws for Medical Assistance in Dying. [PDF]

open access: yesBioethics
ABSTRACT There has been an increase in the number of jurisdictions legalizing or decriminalizing Medical Assistance in Dying (MAiD). Legal frameworks worldwide strive to balance respect for autonomy with regulatory safeguards that both operationalize voluntary choice and prevent access to MAiD in cases of remediable despair or coerced decision‐making ...
Delgado J   +8 more
europepmc   +2 more sources

Sports in the Case-Law of the European Court of Human Rights

open access: yesEspaço Jurídico, 2019
Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe.
Jakub Czepek
doaj   +1 more source

Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2019
Right to a reasoned judgement, created by the European Court of Human Rights is used in some cases by the Court in Strasbourg to justify acting as a court of higher instance in relation to national courts regarding the article 6 of the Convention.
Dajović Goran, Spaić Bojan
doaj   +1 more source

“Equality of arms” in criminal procedure in the context of the right to a fair trial

open access: yesRUDN Journal of Law, 2021
The level of realization of the right to a fair trial is one of the crucial indicators of democracy in any state. In order to ensure this right, all the minimum standards deriving from it must be clearly understood by law enforcement agencies and their ...
Fardin Y. Khalilov
doaj   +1 more source

Can Artificial Intelligence Hear a Litigant Within the Meaning of Article 6 ECHR?

open access: yesLaws
The increasing use of artificial intelligence (AI) in judicial systems raises a fundamental question under Article 6 of the European Convention on Human Rights (ECHR): can an AI system genuinely fulfil a litigant’s right to be heard?
Andreea Elena Tabacu
doaj   +1 more source

Features of calculation of reasonable time of the trial in civil cases in the context of the practice of the European court of human rights

open access: yesПроблеми Законності, 2015
Problem setting. European Convention of Human Rights (ECHR) guarantees right to a fair trial within a reasonable time for everyone (par. 1 art. 6 ECHR). Reasonable time of the trial is an element of the right to a fair trial.
Т. Цувіна
doaj   +1 more source

Diagnosing the system: Mental health, necropolitical uncare, and the abolition of migration detention

open access: yesAmerican Journal of Community Psychology, EarlyView.
Abstract This article examines the psychological effects of migration detention in the European Union's Closed Controlled Access Center (CCAC) on Samos through an ecological lens. It explores a double normalization of suffering: the brutalization of necropolitical migration governance and the simultaneous understanding of resulting distress as an ...
Julia Manek
wiley   +1 more source

Participation of the Prosecutor in Non-Criminal Proceedings: ECtHR Case Law and National Context

open access: yesТеорія і практика правознавства
The article analyses the grounds for the prosecutor's participation in civil, commercial and administrative proceedings in Ukraine through the prism of European standards of fair trial. In the article the author uses the methods of analysis and synthesis,
Tetiana Tsuvina
doaj   +1 more source

Intelligence as legal <i>evidence</i><br> Comparative criminal research into the viability of the proposed Dutch scheme of shielded intelligence witnesses in England and Wales, and legislative compliance with Article 6 (3) (d) ECHR

open access: yesUtrecht Law Review, 2006
At present, a shift in criminal law in both the European Union (EU) and the United States (US), but maybe even around the globe, is noticeable. States find ways to make more extensive use in the criminal procedure of intelligence collected by the ...
Jill E.B. Coster van Voorhout
doaj   +1 more source

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