European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 693-712 | Article | (Table of Contents) I. Introduction. - II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the ...
Luca Pantaleo, Fabienne Ufert
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Are diplomatic assurances adequate guarantees of safety against torture and ill-treatment? The pragmatic approach of the strasbourg court [PDF]
, 2015 The use of diplomatic assurances against torture and other ill-treatment has increased in recent years in response to the continued growth of international terrorism.
Volou, Aristi
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The Supreme Court of Canada interprets the fitness to stand trial test in R v. Bharwani. [PDF]
J Forensic SciAbstract At the core of the common law, rooted in fairness, is the principle that an accused must be “fit” or “competent” to answer charges pursued by the state. Fitness rules vary considerably across jurisdictions but generally share the requirement that the accused be able to actively participate in the conduct of their defense.
Curry D, Quinn J.
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The European Court of Human Rights in a New Reality: Does It Have Sufficient Procedural Infrastructure to Deal with Armed Conflicts? [PDF]
Journal of Constitutional Law, 2020 Over the last decades, the European Court of Human Rights had to deal with a large number of individual and interstate cases related to armed conflicts. Despite the fact that its original mandate was not designed for such type of cases, the ECtHR plays a
Giorgi Nakashidze
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'Notice and staydown' and social media: amending Article 13 of the Proposed Directive on Copyright [PDF]
, 2018 © 2018 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits ...
Romero Moreno, Felipe
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CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS
Правоприменение, 2018 The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of ...
Y. Nadtochey
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The fundamental right to (intellectual) property and the discretion of the legislature [PDF]
, 2013 The article makes two points regarding the fundamental rights dimensions of intellectual property (IP). First, it explains why the prevailing approach to balancing the fundamental right to intellectual property with conflicting fundamental freedoms as if
Peukert, Alexander
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The threat of destitution as a deterrent against asylum seeking in the European Union [PDF]
, 2006 The problematization of asylum has detrimentally impacted on the provision of support for asylum seekers in host countries. The threat of destitution has become instrumental in restrictive asylum policies and is increasingly used as a deterrent against ...
Da Lomba, Sylvie
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Determining hierarchy between conflicting treaties: are there vertical rules in the horizontal system? [PDF]
, 2012 Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of ...
BORGEN +6 more
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European Court of Human Rights : Beizaras and Levickas v. Lithuania [PDF]
, 2020 In a case about hate speech against homosexuals on Facebook, the European Court of Human Rights (ECtHR) delivered an important and well-documented judgment (of 61 pages.) The ECtHR found that the Lithuanian authorities have violated the European ...
Voorhoof, Dirk
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