Download or read book Fundamental Rights Protection Online written by Bilyana Petkova and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Hart Publishing. This book was released on 2022-11-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Fundamental Rights in Europe written by Facchi, Alessandra and published by Edward Elgar Publishing. This book was released on 2022-03-22 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity
Download or read book The Internet and Constitutional Law written by Oreste Pollicino and published by Routledge. This book was released on 2016-01-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Limits of Fundamental Rights Protection by the EU written by Malu Beijer and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Smart Technologies and Fundamental Rights written by John-Stewart Gordon and published by BRILL. This book was released on 2020-12-07 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reinventing Data Protection written by Serge Gutwirth and published by Springer Science & Business Media. This book was released on 2009-05-24 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.
Download or read book Why is the protection of fundamental rights needed in the EU and how has the initial problem been resolved until now written by Alexandra Edler and published by GRIN Verlag. This book was released on 2013-09-17 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: B 80%, European Online Academy, language: English, abstract: Why is the protection of fundamental rights needed in the EU? In order to demonstrate the importance of fundamental rights in the European Union (EU), it needs to be clarified what fundamental rights are and how they differ from the fundamental freedoms of the EU. When going through the literature of the European Union one might see the term “fundamental freedom”. Fundamental freedoms are embedded in the European Economic Community (EEC) since 1957 and describe the free movement of goods, persons, services and capital, the driving forces for the internal market. Even though fundamental freedoms and fundamental rights are linked and sometimes similar, Fundamental freedoms are not to be mixed up with fundamental rights which are much more focused on the citizens’ rights than on the economic factor. Fundamental rights are difficult to define as there is no common sense of what exactly is “fundamental”. Nevertheless there is different background and understanding of fundamental rights, they are generally defined as “...hierarchical supreme norms, which judicially protect citizens against unjustified interference by public authority”.2 Fundamental rights receive the highest level of protection, as they do not only speak the language of the suffered people, but also protect the rights of the nation’s citizens and are therefore essential values of a democratic legal system. Fundamental rights like human dignity, prohibition of slavery and forced labour, the respect of private and family life and the right to marry and to found a family are essential rights and represent a nations or unions values. Moreover fundamental rights ensure equality among citizens.
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Download or read book The Governance of EU Fundamental Rights written by Mark Dawson and published by Cambridge University Press. This book was released on 2017-02-16 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fundamental Rights in the Digital Age 2014 Annual Report written by Conseil d’Etat and published by La Documentation française. This book was released on 2015-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the translation of the second and third parts of the 2014 study of the Conseil d’État, entitled Fundamental Rights in the Digital Age. The first part offers an overview of the current situation and examines how the rise of digital technology has already prompted the recognition of new fundamental rights and changed the conditions under which they are exercised ; the second and third parts are innovative in that they aim at conciliating the protection of fundamental rights and the full use of digital technologies. Digital technology presents a problem for fundamental rights insofar as it increases the amount of data generated and results in a generally networked world: it raises issues around the content of fundamental rights and how they are implemented. It undoubtedly increases individuals’ capacity to enjoy certain rights, such as freedom of expression and freedom to conduct a business, but at the same time it undermines others, such as the right to privacy or the right to security. The Conseil d’État’s annual study comes at a time when the phenomenon has taken on a new dimension: a threefold upheaval is underway, in technical innovation, in the economy and in society’s understanding of digital technology. This study endeavours to re-examine the protection of fundamental rights and address debated issues: net neutrality, internet governance, the “right to be forgotten”, data ownership and exploitation, Big Data and the unprecedented role played by major platforms. The study does not, however, overlook the extent to which digital technology has contributed to the exercise of freedoms, the reform of public policy, innovation and economic growth. Its aim is not to propose additional protections against digital technology, but to ensure that the risks involved do not undermine its potential benefits. The study puts forward 50 recommendations with the single goal of ensuring that digital technology supports both individual rights and collective interest.
Download or read book Fundamental Rights in Europe written by Federico Fabbrini and published by Oxford University Press, USA. This book was released on 2014-02 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making the Charter of Fundamental Rights a Living Instrument written by Giuseppe Palmisano and published by Hotei Publishing. This book was released on 2015-03-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
