Limitation of the right to freedom of creativity in the precedent practice of the European court of human rights
The main criteria for evaluating the reasonableness of intervention by the state in the precedent practice of the European Court of Human Rights: quantitative risk assessment; justification of interference with freedom of creativity due to alleged harm.
Подобные документы
The functional features of the rule of law concept in European Court of Human Rights practice. The "evolutionary" approach to interpretation in the work of the court. The rule of law as a universal principle of international judicial law-making process.
статья, добавлен 10.04.2018The set of policies to be implemented in Ukraine to strengthen the rule of law, as an essential factor for ensuring human rights in the context of re-establishing a international cooperation with the key European institution in the field of human rights.
статья, добавлен 04.08.2022The aim of the article is to propose to combine the Ukrainian municipal reform and the Ukrainian attempts of the raise the effectiveness of the implementation of the ECHR's judgements. Shown the perspectives of the further researches in this field.
статья, добавлен 12.12.2023A set of principles and policies to be implemented in Ukraine to strengthen the rule of law (as a fundamental democratic institute) for re-establishing a proper international cooperation with the key European institution in the field of human rights.
статья, добавлен 01.08.2022Human rights and positive obligations of the state in the context of regional mechanisms for the protection of rights. The practice of the European, Inter-American and African Human Rights Courts in the context of applying the states positive obligations.
статья, добавлен 18.07.2022The work of Ukraine in connection with its candidacy for the European Union. The European Commission needs to promote judicial reform and improve the legal status of the Court for the sake of justice. Features of the mechanism for ensuring human rights.
статья, добавлен 08.01.2024- 32. Legal security of human rights in the European Union: current stance and perspectives of development
Analysis of the system of legal support of human rights in the law of the European Union. Study of the norms of the Charter of Fundamental Rights of the European Union as the main legal instrument for guaranteeing human rights in this formation.
статья, добавлен 14.07.2021 Determining the extent of human rights restrictions under martial law. Enshrining in the constitutions of foreign countries the possibility of state authorities restricting the rights and freedom of the individual in the interests of national security.
статья, добавлен 30.06.2022Depending on the specific circumstances, it is difficult to determine whether the requirements for the exercise of property rights are met. In this regard, legal certainty is contained in the fundamental precedents of the European Court of Human Rights.
статья, добавлен 12.06.2022Assessment of the influence of Enlightenment thinkers on the humanization of European law. The emergence of the doctrine of human rights in the criminal legislation of Russia. Determination of the criteria for the criminalization of acts and punishment.
статья, добавлен 15.07.2021Use of special intelligence tools in context of case law of the European Court of Human Rights and presentation of de lege ferenda recommendations for the regulation of legislation governing the activities of the intelligence agency of Slovak Republic.
статья, добавлен 14.09.2022Study of regulation based on the case law of the Supreme Court, as one of the most effective bodies in ensuring proper balance of interests of the individual and the state, which forms the methodological basis of human rights protection mechanism
статья, добавлен 15.01.2023The essence of corruption, its main manifestations in the modern globalized world and the impact on human rights and freedoms. The relationship and interdependence between the scale of corruption and the possibility of realizing human right and freedom.
статья, добавлен 26.07.2023The concept of freedom of expression in the European Convention on Human Rights is considered. Review of the case when the state creates obstacles for a journalist in accessing the information necessary for his research, which is of public interest.
статья, добавлен 23.06.2022Dialectical approaches and sampling methods like the basis of the Law of Ukraine "On Enforcement of Judgments and Application of the Judicial Practice of the European Court of Human Rights". The national criminal procedural “algorithm of actions”.
статья, добавлен 27.06.2022- 41. Legal security of human rights in the European union: current stance and perspectives of development
Implementation of the provisions of the Agreement on Association with EU requires Ukraine to master human rights standards of this international formation. The system of legal protection of human rights in EU law has come a long way of its formation.
статья, добавлен 29.06.2022 Implementation of the provisions of the Convention for the Protection of Human Rights and Freedoms of 1950 in the legislation on special services. The order of observance of human rights and freedoms during intelligence and counterintelligence measures.
статья, добавлен 27.09.2021Division of human rights. Common features of all constitutional restrictions on human rights and freedoms. A generational approach, the idea of fundamental human rights, and the study of additional confusion in the already established system of rights.
статья, добавлен 14.01.2023Protection of property rights as one of the cornerstones of the rule of law. This note is related to one of the latest decisions of the European Court of Human Rights (ECtHR), which focuses on newly discovered facts and the principle of legal certainty.
статья, добавлен 09.05.2022The role of state governance in limiting human rights. the influence of public organizations and media on human rights policy-making and in exposing rights violations. The examples where state intervention was necessary to ensure security and stability.
статья, добавлен 14.12.2024Development of set of principles and policies to be implemented in Ukraine to strengthen the rule of law as factor for ensuring human rights in the context of re-establishing a proper international cooperation with European cort of human rights.
статья, добавлен 09.09.2021The analysis of the practical importance and functional capacity of the universalization of human rights. The main arguments of the critique of the possibility and necessity of substantiation of human rights. The example of state fiscal policy.
статья, добавлен 08.01.2023Discussions regarding the legalization of euthanasia. A comprehensive analysis of the legislation of a number of countries regarding euthanasia and the law of the Council of Europe (PACE resolutions and the practice of the European Court of Human Rights).
статья, добавлен 27.10.2022The regional human rights systems. The objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology.
статья, добавлен 20.03.2021The definitions, etymology and main features of сoncepts as "freedom of religion", "freedom of conscience" and "freedom of worldview". The discusses of the challenges related to religious human rights. Positions of scientists based on their understanding.
статья, добавлен 14.12.2024