Fundamental Rights Protection Online
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Fundamental Rights Protection Online
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Author : Bilyana Petkova
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Fundamental Rights Protection Online written by Bilyana Petkova and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.
Judicial Protection Of Fundamental Rights On The Internet
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Author : Oreste Pollicino
language : en
Publisher: Hart Publishing
Release Date : 2022-11-17
Judicial Protection Of Fundamental Rights On The Internet written by Oreste Pollicino and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-17 with Law categories.
Introduction -- Technology and judges across the Atlantic -- Judges and freedom of expression : from atoms to bits across the Atlantic -- Judges, privacy and data protection : from atoms to bits across the Atlantic -- The judicial bridges of privacy and speech in the information society -- The courts and private powers in the world of bits : towards digital constitutionalism?
The Convergence Of The Fundamental Rights Protection In Europe
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2016-04-05
The Convergence Of The Fundamental Rights Protection In Europe written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-05 with Law categories.
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Judicial Protection Of Fundamental Rights On The Internet
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Author : Oreste Pollicino
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-22
Judicial Protection Of Fundamental Rights On The Internet written by Oreste Pollicino and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
General Principles Of Eu Law And The Protection Of Fundamental Rights
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Author : Chiara Amalfitano
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
General Principles Of Eu Law And The Protection Of Fundamental Rights written by Chiara Amalfitano and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
The Internet And Constitutional Law
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Author : Oreste Pollicino
language : en
Publisher: Routledge
Release Date : 2016-01-13
The Internet And Constitutional Law written by Oreste Pollicino and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-13 with Law categories.
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Smart Technologies And Fundamental Rights
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Author : John-Stewart Gordon
language : en
Publisher: BRILL
Release Date : 2020-12-07
Smart Technologies And Fundamental Rights written by John-Stewart Gordon and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-07 with Philosophy categories.
The present volume, Smart Technologies and Fundamental Rights, contains fourteen outstanding and challenging articles concerning fundamental rights and Artificial Intelligence at the intersection of law, ethics and smart technologies.
Making The Charter Of Fundamental Rights A Living Instrument
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Author : Giuseppe Palmisano
language : en
Publisher: Hotei Publishing
Release Date : 2015-04-02
Making The Charter Of Fundamental Rights A Living Instrument written by Giuseppe Palmisano and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-02 with Law categories.
The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.
The Limits Of Fundamental Rights Protection By The Eu
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Author : Malu Beijer
language : en
Publisher:
Release Date : 2017
The Limits Of Fundamental Rights Protection By The Eu written by Malu Beijer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Human rights categories.
Using insights gained from the development of positive obligations by the European Court of Human Rights, this volume analyses the possibility of incorporating positive obligations into EU law.
The Practice Of Judicial Interaction In The Field Of Fundamental Rights
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Author : Casarosa, Federica
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-04
The Practice Of Judicial Interaction In The Field Of Fundamental Rights written by Casarosa, Federica and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-04 with Law categories.
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.