Search results for "European Convention on Human Rights"
showing 10 items of 13 documents
Juridiskā zinātne, Nr. 10
2017
The Journal No. 10 is financed by the project of Latvian Council of Science “The Experience, Lessons and International Importance of the Restoration of Latvia’s Independent Statehood (Historical, Political and Legal Aspects)”
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…
Populist parties in Europe, from propaganda to legal reforms: whether freedoms of expression, association and religion are under threat?
2018
The effect of the recent populist legislative tendencies results in sharpening new and old tensions between national and international legal orders and, in the European Union scenario, in particular, the most alarming outcome could be a potential and systematic breach of the European Convention on Human Rights and the liberal democratic values expressed in it. Regarding the argument of the enforcement, nevertheless, besides the importance of the international recommendations and soft law instruments, above all the EU Guidelines on the promotion and protection of freedom of religion or belief, it could be crucial the role that the religious leaders should perform towards a more inclusive int…
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…
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…
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…
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.
El coste de una decisión que se no quiere tomar. Observaciones acerca de la introducción del delito de tortura en el ordenamiento italiano y un esboz…
2020
After a difficult and disputed drafting, on July 5, 2017, the Italian Parliament approved the Act n. 110/2017, which introduced the crime of torture in Italy. The lack of will of Italian Parliament in promulgating the law, even though Strasbourg Court urged in several occasion to reform the law in order to avoid cases of insufficient sanctions in case of violation of art. 3 of the European Convention on Human Rights, can be explained through a redefinition of the model of legislative rationality: legislator might be considered rational when it enacts ambiguous legislative texts at the lowest electoral cost if it urged to do by the pressure of supranational jurisdictions. Finally, even thoug…