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The UK Supreme Court's judgment in In the matter of an application by JR87 and another for Judicial Review, that religious education in Northern Ireland breached the Human Rights Act 1998, turned in significant part on a disconnect between statutory rights and administrative reality.
Cassandra Somers‐Joce, Joe Tomlinson
wiley +1 more source
ABSTRACT Seeing the EU roughly as a political system designed to remove the most essential political decisions from democratic control, while in a large part abiding by legal frameworks, we could speak about an opposition between technocratic legalism and democracy.
Dimitry V. Kochenov +1 more
wiley +1 more source
Avrupa İnsan Hakları Mahkemesi'nde İklim Değişikliği Davaları
İklim değişikliğinin olumsuz etkilerinden dolayı hak temelli iklim davaları hem ulusal hem de uluslararası mahkemeler aracılığıyla açılmıştır. Avrupa İnsan Hakları Mahkemesi 9 Nisan 2024’te vermiş olduğu üç kararla ilk kez iklim değişikliğine ilişkin ...
Seher Çakan
doaj +1 more source
Welfare States and the Green Transition: Towards an EU Eco‐Social Contract
ABSTRACT This article examines how climate change and climate‐related policies can destabilise the EU social contract. The article uses the welfare‐state lens that places social protection at the core of a feasible and legitimate green transition to understand this destabilisation.
Alberto Barrio Fernandez +1 more
wiley +1 more source
Cloistered justice: The opposing trends of barricade and respective secrecy
Abstract Two recent reports illustrate contrasting trends in open justice exceptions conceptualised as respective and barricade secrecy. Respective secrecy protects the parties involved and their constitutive social ties and, as evaluation report into the Family Court Transparency Pilot indicates, has been shrinking.
LYDIA MORGAN
wiley +1 more source
The Principle of Religious Neutrality in ECtHR and CJEU Jurisprudence: When Neutral Becomes Biased
Even though the principle of neutrality aims, at theoretical level, to ensure absence of coercion, preference, and arbitrary, unjustified State interference with the right to freedom of religion, often, in practice, this is not the case.
Mihnea-Radu Curta
doaj +1 more source
Atlas Shrugged: An Analysis of the ECtHR Case Law Involving Issues of EU Law Since Opinion 2/13
(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 647-671 | Article | (Table of Contents) I. Introduction: “The disappointment that we felt”. – II. Connolly continued: complaints about acts of the EU institutions. – III.
Rick Lawson
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Dreptul fundamental al omului la un mediu sănătos în jurisprudența CEDO
The right to a healthy environment is an indirectly guaranteed right by the European Convention of Human Rights, being considered by some authors as part of the third generation human rights, called solidarity rights, alongside with the right to peace ...
Petrică TRUŞCĂ +1 more
doaj
The legal procedure employed in criminal law where an individual was convicted by the courts of a temporarily occupied area of Ukraine has faced a number of challenges.
Iryna Basysta, Volodymyr Galagan
doaj +1 more source
The ECtHR has so far brought a number of judgments against Macedonia finding violation of Article 5 of the ECHR. Although in most of these cases the violation derives and refers to the imposition, i.e.
Konstadin Bogdanov
doaj

