The ECHR and National Law
ECHR: Right to marry
... by national laws, the Convention institutions have clarified that the conditions for the exercise of this right do not lie entirely within the discretion of State ...in national law cannot, however, ...
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Domestic Implementation of the Judgements of the ECHR at the National Level: Turkey. Turkey. by Ece Yılmaz*
... By virtue of the new amendment, the supremacy of Turkey’s international obligations in the field of human rights over domestic law is clear. This constitutional principle has a great influence on the direct ...
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The battle of the giants: EU law, ECHR and the Energy Charter Treaty; the rematch to protect property rights in Europe
... EU law there are many principles that feed into an understanding of the EU’s protection of property ...case law in the Bosphorus and Nold cases reveals that the EU legal order protects property rights ...
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Article 10 ECHR and expressive conduct
... criminal law’, leads in a problematic way to the justification of the interference with her freedom of expression rights under Article ...in national law has only relative value and constitutes no ...
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“Sicherungsverwahrung” (preventive detention) in Germany under the scrutiny of the ECHR
... But any confinement, that gets ordered independently from guilt, is very problematic from a human rights perspective. It can only be seen as not violating the ECHR if it is shaped in itself as human rights ...
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After Brüstle: EU Accession to the ECHR and the Future of European Patent Law
... in national courts without appealing to the CJEU before the case is remitted to the Strasbourg Court, since the preliminary referral procedure ‘ cannot be considered a remedy that an applicant must exhaust before ...
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A View on ECHR Case law for salary policy in Romanian public sector
... the national budget, in terms of the source of salaries and allowances, namely ...the national public budget imbalance may have major consequences, damaging the general interests, it is possible to impose ...
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The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR
... _____________________________ treatment of males and females should be done only on objective differences and in no case based on sex-role stereotypes. Out of many various forms of sex discrimination, the one against ...
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The ECHR, the HRA and Protecting Human Rights in the UK: A view from international law
... domestic law with the ECHR, all states parties to the ECHR were put on notice of the development in the content, scope and application of the pertinent ECHR ...that ECHR rights are to ...
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Equality and Non-Discrimination under the ECHR and EU Law. A Comparison Focusing on Discrimination against LGBTI Persons'
... German law carried out by the national court re- questing a preliminary ruling, the Court made it clear that registered life partnership is to be treated as equivalent to marriage as regards the widow’s or ...
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The ECHR and the protection of irregular migrants in the social sphere
... 8 increasingly set against national priorities. 46 Secondly, States take the view that welfare provision for irregular migrants encourages irregular migration. 47 I posit that sceptics of human rights overstate ...
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The ECHR and the protection of irregular migrants in the social sphere
... increasingly set against national priorities. 46 Secondly, States take the view that welfare provision for irregular migrants encourages irregular migration. 47 I posit that sceptics of human rights overstate the ...
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In search of the importance of Article 1 Protocol no 1 ECHR to private law
... Does mandatory participation in such fund and the consequent deprivation of the possibility of obtaining füll compensation through the courts constitute an impermissible violation of the[r] ...
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The applicability of the ECHR in contested territories
... international law, but by the interpretation of the Convention itself, especially its Article ...case law precluded one option for varying the Convention’s territorial scope – reservations – by ruling that ...
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Same Sex Unions and the ECHR
... the ECHR, noting the absence of a right to marry for same-sex couples and notes that the Macedonian project conforms to the recent trend shared by numerous European ...fundamental law, the Commission had ...
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Labour law, the Industrial Constitution and the EU's accession to the ECHR: the constitutional nature of the market and the limits of rights-based approaches to labour law
... labour law in the EU The previous two sections have demonstrated the accession’s potentially profound impact on the way in which certain questions of labour law are approached, with the potential for ...
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What are the Consequences of the Accession of the EU to the ECHR?
... financed from the budget and constituted a heavy burden on taxpayers and the economy alike. The Court attached importance to the fact that the applicant was permanently resident in Poland, had previously been affiliated ...
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Is Immigration Law National Security Law?
... C ONGRESSES TO I NFORM P OLICY D ISCUSSIONS IN THE 113 TH C ONGRESS (Feb. 27, 2013); Shoba Sivaprasad Wadhia, Immigration: Mind Over Matter, 5 U. M D . L.J. R ACE R ELIGION G ENDER & C LASS 201 (2005). 88 See Kevin ...
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Right to Interpretation and Translation of Accused Persons in Criminal Proceedings Through the Lens of Recent Case Law of the ECHR and the CJEU
... Bez obzira na to što donošenje Direktive svakako čini iskorak u smjeru osna- živanja prava osumnjičenika i okrivljenika koji ne razumiju jezik postupka jer državama članicama pruža doda[r] ...
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The Relationship between EC law and National law
... all national rules which stand in its way appears to be based on a utopian idea of ...Community law in every case treats litigation like an academic puzzle, rather than means for resolving a dispute which ...
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