This article considers the way the interpretation of the 'ambit' of the right to respect for private and family life under Article 8 ECHR has developed in the English courts over time and explores ...Lady Hale's influence on this development. English courts started by taking an unduly narrow interpretation of 'ambit'. The majority in Secretary of State for Work and Pensions v M even sought to make a connection between the intensity of the infringement of the right and its 'ambit'. Lady Hale dissented and correctly identified 'ambit' and justification as separate issues, and that the intensity of a potential infringement only is a question for the latter. In Re McLaughlin she later stated that the English courts wrongly had relied on domestically developed concepts rather than the Strasbourg jurisprudence, thus setting the courts on the right path. The article concludes that nevertheless the final steps to arriving at the correct interpretation still need to be taken: the express recognition that the intensity of the infringement cannot define the 'ambit' of the right concerned, but rather is a question that needs to be considered separately when determining whether the infringement can be justified.
Cancel culture calls into question the relation between artistic productions and values which these productions revoke. While it is widely accepted that art should not bear any constraints which ...might lead to censorship, it is open the discussion whether art works from the past should be removed or amended in light to the current democratic values endorsed by the western community. This leads to a set of questions: will old art crafts find a place in our museums even if they depict scene of colonization or slavery openly in contrast with the democratic values and the modern concept of statehood? To what extend the artistic freedom should be taken into account when it comes to historical art manufactories which remind old-fashioned values? The paper is structured as it follows: the first section will give an overview of the cancel culture movement, its genesis and its more recent developments. A second section will focus on the protection of artistic freedom of expression and its current state of art in the context of International and European law. The third section will discuss the jurisprudence of the European Court of Human Rights concerning artistic freedom of expression, with particular regards to the concept of European Literature Heritage. The last section will conclude.
Legal proceedings need time. On the other hand, the duration of proceedings can have an impact on their outcome and major consequences for the parties. Nevertheless, German procedural law provides ...parties with little recourses to speed up proceedings in which undue delays have occurred. For proceedings that have an impact on the litigants’ family life, this violates article 13 of the ECHR, the European Court of Human Rights decided in its Kuppinger II judgment. As a consequence, legal remedies for the expedition of proceedings have been introduced into the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction. This dissertation examines whether the new remedies fulfil the requirements of the ECHR and whether the Basic Law and the Convention require similar remedies in civil proceedings, other family proceedings and in proceedings in matters of non-contentious jurisdiction.
This book identifies and explains the key analytical issues (state knowledge, causation, and reasonableness) that need to be considered in determining whether a State is responsible under the ...European Convention on Human Rights for omissions. In addition to this technical analytical question, the book also reflects upon what is at stake for the political community when the triggering, the content, and the scope of positive human rights obligations are determined. A central question is then how the search for a balance between intrusion and restraint by the State, between protection and freedom from invasion, defines this community and pulls the analysis of state responsibility for omissions in different directions. Designed to become the main reference source concerning ECHR positive obligations, this book makes four main contributions. First, it covers an important gap by isolating and studying the separate analytical elements (state knowledge, causation, and reasonableness) underlying state responsibility for failure to fulfil positive obligations. It explains the structure of review, the analytical steps taken to ascertain state responsibility for omissions. Secondly, the book offers a serious appreciation of the dangers associated with positive obligations whose scope might be too expansive or content too intrusive. Thirdly, it explains the different types of positive obligations. Fourthly, it offers the first examination of the conceptual hurdles if positive obligations under the ECHR were to be applied extraterritorially.
With the fall of the communist dictatorship, Albania, like all countries of South Eastern Europe, started a new path towards democracy and market economy. During Albania’s transition period, the goal ...was to reform the ownership system and establish private property rights through a legal process. This objective was based on the principles and values of the new democratic state. Legal reforms were implemented in land privatization, housing, and state asset privatization to achieve this goal.
Since the inception of democracy, numerous individuals have settled in urban areas of the country, occupying both public and private lands and constructing settlements without the authorization of public authorities. The rise and spread of this phenomenon infringed on the principle of the rule of law and the protection of private property. Since numerous informal buildings were constructed on privately owned land, the Albanian authorities faced a significant dilemma:
This paper aims to answer these questions through a thorough analysis of legal documents of international law and the ECHR case law.
The EU has become a powerful player in the area of migration. As a result, European migration policies increasingly conflict with the EU’s commitment to respect Human Rights. The book identifies the ...most pressing challenges, outlines the relevant legal standards, and provides recommendations for reform. Core issues are asylum seekers’ access to protection in the EU, personal liberty and free movement of migrants, safeguarding the rule of law in immigration proceedings, the prohibition of discrimination on any ground, including immigration status, respecting the social and family ties of migrants, guaranteeing minimum social rights for irregular migrants, and the public and private infrastructure necessary for defending the Human Rights of migrants.
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