Search results for "European Convention on Human Right"
showing 10 items of 15 documents
Compatibility of Latvian non-conviction-based confiscation with Convention on Human Rights
2022
Traditional “repressive” criminal law is no longer sufficient to deal with the new threats posed by the global risk and information society. New forms of combatting international organised crime, drug trafficking and other serious crimes have emerged to target the most crucial aspect of incitive of the criminals – their money. Deprivation of property illegally obtained is an essential tool for crimes and money laundering. It led to the question of whether it is by human rights to confiscate the proceeds of crime, detected merely, e.g., in the form of suspects’ unexplained wealth, under a concept of unjust enrichment and re-establishment of the situation before a crime, and to do so without …
The presumption of innocence in the EU competition law
2022
This Bachelor thesis aims to analyse the application of the presumption of innocence in the EU competition law, more precisely in the anti-cartel proceedings. In addition, this thesis will provide the analysis of the categorisation of the competition law. This, in turn, is a topical debate due to the fact that in competition law the penalties are comparable to criminal charges notwithstanding the administrative procedure. The thesis will try to answer the question “To what extent is the presumption of innocence applied in the EU anti-cartel procedure?”. This paper's primary objective is to identify the procedural rights of cartel members, analyse their implementation, and emphasise any pote…
Human rights in the emergency situation: constitutional perspective of Latvia
2022
The concept of an emergency situation can be considered a novelty in the international legal system that gained its overwhelming importance due to the spread of Covid-19 pandemics all over the globe. Was the international community ready to employ clear and well-structured mechanisms of emergency situation concept in the context of human rights protection? Was the Latvian legal response to the Covid-19 emergency in the field of human rights protection successful? The “institution of emergency” in the international area was developed by the ECHR, whose ideas were incorporated into Latvian constitutional system and legal order. In that regard, the research uses legal doctrinal method in order…
Commento all'art 17 (divieto dell'abuso di diritto)
2012
The present paper deals with the notion of abuse of right in the field of human rights. Such a notion is used in the frame of the European Convenition on Human Rights, with a deep analysis of the Strasbourg organs case law on art. 17 ECHR. The focus of the paper is the changing role of the abuse of right in such a case law.
Protection of the right to freedom of assembly and association under ECHR: compliance difficulties in Azerbaijan
2018
The protection of the right to freedom of peaceful assembly and association under the ECHR and compliance difficulties in Azerbaijan, regarding these rights are discussed in this master thesis. The protection of the right to freedom of peaceful assembly and association is one of the critical elements for the development of democracy, and these rights are protected by international documents such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred as the European Convention on Human Rights or the ECHR). Furthermore, the protection of these rights at national level must be compatible with the standards of the Council of Europe. The impo…
Articolo 3 - Primo Protocollo
2012
Si tratta di un commento all'articolo 3 del Protocollo addizionale alla Convenzione europea dei diritti umani, che protegge il diritto a libere elezioni. This is a Commentary to Article 3 of the First Protocol to the European Convention on Human Rights, protecting the Right to free elections.
The Case Law of the ECtHR in 2020 in the Light of the Principle of Systemic Harmonisation
2021
This article provides for an overview of some relevant developments in the case-law of the ECtHR in 2020. Priority will be given to Grand Chamber judgments and decisions and those of the Chambers deemed to be relevant from a substantial and procedural viewpoint. Given that in 2020 the Steering Committee for Human Rights published its report on ‘The Place of the European Convention of Human Rights in the International and European Legal Order’, the case-law will be selected and examined from the viewpoint of the principle of systemic harmonisation. The aim is highlighting positive and negative examples of application of general international law by the ECtHR, of cross-fertilisation between t…
Striking a balance between disinformation on social media platforms and freedom of expression in the European Union
2022
The growing influence and adverse effects of disinformation on social media platforms have already presented challenges not only to the European Union and its Member States but also to social media platforms and human rights activists. One of the most crucial challenges from a legal perspective has been finding the appropriate tools to regulate disinformation while preserving the right to freedom of speech, bearing in mind that there is no uniform definition of disinformation on a global level. While there are notable attempts to limit the spread of disinformation on social media platforms from the European Commission and the various Member States, this thesis aims to analyse their effectiv…
The principle of non-refoulement vs national security in the post 9/11 era
2022
The terrorist attack on September 11, 2001, had largely raised the problem of terrorism in international society. Governments launched campaigns against terrorism, one of them being the War on Terror, which as a result, raised controversial issues. One of the challenges is the fundamental human rights protection, namely the protection granted under the principle of non-refoulement. In the post-9/11 era, states started to be more concerned about their national security, and thus of individuals who enter their territories or already reside there. The main research question of this thesis is to analyze the impact of 9/11 on striking balance between the principle of non-refoulement and national…
Democrazia deliberativa e Convenzione europea dei diritti umani
2010
Deliberative democracy and the European Convention on Human Rights Theories of deliberative democracy have rapidly become very popular amongst political scientists. The central argument of these theories is that democratic legitimacy of lawmaking does not lie (or does not only lie) in the elected character of Parliaments but in public delib- eration processes. Decisions have to be justified by reasons and reasons have to be publicly debated. Legitimacy also depends on the opportunity for citizens to participate effectively in public debates. In this paper I argue that the European Court of Human Rights can be a key player in promoting a democracy based on public deliberation and that in the…