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Article
Publication date: 15 December 2003

Diane Ryland

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though…

Abstract

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein

Details

Managerial Law, vol. 45 no. 5/6
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 14 September 2015

Christina Angelopoulos

The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party…

Abstract

Purpose

The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party copyright infringement.

Design/methodology/approach

European Legal Method.

Findings

Fair balance is the appropriate conflict resolution mechanism in cases of fundamental rights clashes. Balancing is in essence a call for rational judicial deliberation. In intermediary liability, balancing excludes the imposition of filtering obligations on intermediaries for the purpose of copyright enforcement, but allows blocking.

Originality/value

An in-depth look at a complicated, vague and underdeveloped area of law with significant practical effect.

Details

info, vol. 17 no. 6
Type: Research Article
ISSN: 1463-6697

Keywords

Article
Publication date: 20 July 2010

Sidney Yankson

The purpose of this paper is to argue that the leadin‘g international actor responsible for the maintenance of peace and security, the United Nations Security Council…

Abstract

Purpose

The purpose of this paper is to argue that the leadin‘g international actor responsible for the maintenance of peace and security, the United Nations Security Council (UNSC), must ensure that they strictly abide by accepted fundamental human rights norms when promulgating and enforcing resolutions for freezing assets of suspected terrorists.

Design/methodology/approach

The paper presents an overview of some fundamental human rights affected by the UN resolutions. It then compares leading case law from both the international (European Court of Justice) and domestic (the UK and the USA) perspectives. Finally, the paper discusses the leading academic critiques before exploring whether the UNSC is right to infringe or derogate from human rights norms in its counter‐terrorism policy. If so, in what circumstances and under what conditions may they be right to do so?

Findings

There are several fundamental human rights norms which are not respected by the UNSC in the area of terrorist financing.

Research limitations/implications

Research could be expanded to other courts. Further research should consider additional human rights that were outside the scope of this paper.

Practical implications

The UNSC should allow special advocates on all matters both before the ombudsman and themselves. This should provide greater transparency.

Social implications

The paper should draw attention to the seemingly incongruous position of the UNSC, tasked with protecting us and our human rights, when in fact they themselves may be breaching them.

Originality/value

The paper will be valuable to governments and regulators that seek to regulate the financial markets. It will also be useful to human rights activists.

Details

Journal of Money Laundering Control, vol. 13 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 June 2001

Jo Carby Hall

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together…

Abstract

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.

Details

Managerial Law, vol. 43 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 9 March 2015

Maegan Hendow, Alina Cibea and Albert Kraler

This paper aims to examine the primary fundamental rights concerns related to biometrics and their use in automated border controls (ABCs), as well as how these issues…

Abstract

Purpose

This paper aims to examine the primary fundamental rights concerns related to biometrics and their use in automated border controls (ABCs), as well as how these issues converge in the European Commission’s Smart Borders proposal.

Design/methodology/approach

This paper draws on extensive background research and qualitative in-depth interviews conducted in 2013 for the European Union (EU) FP-7 project “FastPass – A harmonized, modular reference system for all European automatic border crossing points”.

Findings

The Smart Borders proposal not only compounds the individual concerns related to the use of biometrics in border controls and automatisation thereof, but also has serious issues of its own, premier among which is the imposition of a two-tier border control system.

Social implications

The paper is a catalyst for open debate on the fundamental questions of how we got to this point and where do we want to go. It questions the process by which the increased use of IT in border controls has become the norm and policy trend in Europe, and discusses where the limits could be drawn from a fundamental rights perspective. In particular, it warns against the institutionalisation of a two-tier border control system among third-country nationals.

Originality/value

Little attention is given to the fundamental rights concerns raised for EU and non-EU citizens as related to biometrics and their use in ABCs, and how these issues are reproduced in the Smart Borders proposal. The paper fills this gap by taking a bottom-up approach: examining the implications of individual elements of the proposal to see their impact on the broader policy.

Details

Journal of Information, Communication and Ethics in Society, vol. 13 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 6 May 2008

Ronald Kahn

Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of…

Abstract

Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.

Details

Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

Abstract

X = multiple interpretations

Details

Documents on Government and the Economy
Type: Book
ISBN: 978-1-78052-827-4

Book part
Publication date: 10 October 2014

Aleksandr Khechumyan

This chapter aims to demonstrate that the fundamental human rights principle that no one should be subjected to (grossly) disproportionate punishment should be interpreted…

Abstract

Purpose

This chapter aims to demonstrate that the fundamental human rights principle that no one should be subjected to (grossly) disproportionate punishment should be interpreted to take into account terminal illness of the offender. It should be applied both during imposition of the sentences and also during execution of already imposed sentences.

Design/methodology/approach

In order to reveal whether this principle takes into account serious medical conditions, including terminal illness of the offender in the calculus of the proportionality of punishment and whether it is applicable at the execution stage of sentences, this chapter examined the roots of the fundamental human rights principle of proportionality of punishment by briefly surveying the penal theory, jurisprudence, court cases, laws, and legislative history from the U.S. federal and state jurisdictions and from Europe.

Findings

There is a consensus among surveyed theories that terminal illness of the offender is an element of the principle of proportionality of punishment. Thus the fundamental human rights principle must be interpreted to take it into account. The principle should be observed not only at the imposition stage, but also at the execution stage of already imposed sentences.

Originality/value

This chapter re-examines the roots of the fundamental human right to not being subjected to (grossly) disproportionate punishment. It does so in order to demonstrate that the right should be interpreted to take into account terminal illness of the offender and that it should be observed not only at the imposition stage, but also at the execution stage of already imposed sentences.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

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