Confiscation and fundamental rights across criminal and non-criminal domains
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DOI: 10.1007/s12027-017-0485-0
Abstract: Confiscation is one important component of contemporary policies against serious crimes. International organisations are increasingly encouraging national legislators to introduce more effective and incisive tools to deprive criminals of the illicit gain, even in the… read more here.
Keywords: across criminal; non criminal; rights across; criminal non ... See more keywords
European Union copyright law and the Charter of Fundamental Rights—Advocate General Szpunar’s Opinions in (C-469/17) Funke Medien, (C-476/17) Pelham GmbH and (C-516/17) Spiegel Online
Sign Up to like & getrecommendations! Published in 2019 at "ERA Forum"
DOI: 10.1007/s12027-019-00560-2
Abstract: Increasingly, national courts have begun to consider the impact of the Charter of Fundamental Rights on EU copyright law. In (C-469/17) Funke Medien, (C-476/17) Pelham GmbH and (C-516/17) Spiegel Online v Volker Beck, the German… read more here.
Keywords: copyright law; fundamental rights; charter fundamental; charter ... See more keywords
The case for replicable structured full proportionality analysis in all cases concerning fundamental rights
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DOI: 10.1017/lst.2018.18
Abstract: Abstract Proportionality has been testing the judiciary for decades. However, a single replicable model of proportionality has not been consistently applied by the courts. This paper explores the differential application of proportionality in English law.… read more here.
Keywords: proportionality; replicable structured; concerning fundamental; fundamental rights ... See more keywords
Doing justice for victims of violent crime in the European Union - Reflections on findings from a research project conducted by the European Union Agency for Fundamental Rights
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DOI: 10.1080/01924036.2020.1762233
Abstract: ABSTRACT When it comes to defining the victim’s position in criminal justice systems, different approaches are adopted accross Europe including the adversarial procedure of common law countries that does not allow victims a role other… read more here.
Keywords: justice; agency fundamental; european union; union agency ... See more keywords
Non-judicial rights review of counterterrorism policies: The role of fundamental rights in the making of the counterterrorism database and the data retention legislation in Germany
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DOI: 10.1093/icon/moab044
Abstract: This article analyzes the institutions, procedures, and mechanisms of non-judicial rights review in Germany, focusing on the policy field of national security. Although there is currently a fruitful constitutional debate about the virtues and vices… read more here.
Keywords: non judicial; rights review; judicial rights; counterterrorism ... See more keywords
The need for global safeguards for fundamental rights of children at risk of infant oral mutilation (IOM)
Sign Up to like & getrecommendations! Published in 2022 at "BMJ Global Health"
DOI: 10.1136/bmjgh-2021-008010
Abstract: Correspondence to Dr Arthur Musakulu Kemoli; musakulu@ gmail. com © Author(s) (or their employer(s)) 2022. Reuse permitted under CC BYNC. No commercial reuse. See rights and permissions. Published by BMJ. INTRODUCTION Not long ago in… read more here.
Keywords: global safeguards; rights children; safeguards fundamental; children risk ... See more keywords
European fundamental rights and digitalization
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DOI: 10.1177/1023263x20983778
Abstract: Digital technologies have had a profound impact on our economy and society. One of their main effects is that a platform economy and indeed a platform society have emerged. Digital platforms – from eBay to… read more here.
Keywords: fundamental rights; rights digitalization; economy; european fundamental ... See more keywords
Headscarves and the CJEU: Protecting fundamental rights and pandering to prejudice, the CJEU does both
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DOI: 10.1177/1023263x221080557
Abstract: The CJEU judgment in the two latest Islamic headscarf cases was handed down in July 2021. The judgment allows employers to ban the wearing of religious and other symbols by employees, but it does specify… read more here.
Keywords: headscarves cjeu; rights pandering; cjeu protecting; fundamental rights ... See more keywords
DERECHOS FUNDAMENTALES EN LA SOCIEDAD DIGITAL: ¿HACIA UNA CONSTITUCIÓN PARA EL CIBERESPACIO?
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DOI: 10.4067/s0718-34372019000100301
Abstract: This work aims to study the new dimensions of fundamental rights in the digital society and the challenges for its protection. The first part of the paper focuses on the regulation and the governance of… read more here.
Keywords: fundamentales sociedad; digital hacia; sociedad digital; hacia una ... See more keywords