The Rule of Law, Human Rights and the Good Society
In: Israel yearbook on human rights, Band 30, S. 289-304
ISSN: 0333-5925
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In: Israel yearbook on human rights, Band 30, S. 289-304
ISSN: 0333-5925
In: East European human rights review, Band 4, Heft 2, S. 97-126
ISSN: 1382-7987
In: Common Market Law Review, Band 51, Heft 1, S. 13-58
ISSN: 0165-0750
After the EU's accession to the ECHR has been discussed for more than thirty years, an Accession Agreement has been finalized in 2013. By subjecting EU law to the supervision of the ECtHR and by enabling individuals to submit complaints against the EU institutions to Strasbourg, one of the last gaps in European human rights protection will be overcome. But accession may not take place as swiftly as some may hope for, as many legal problems remain unsolved. This article examines the most urgent legal issues in the context of accession, such as its scope and legal effects; its procedural aspects (the co-respondent mechanism, inter-Party cases, and the prior involvement procedure) and their relation to the Union's legal autonomy; and the institutional interlacing of the EU and the Council of Europe and the former's future involvement in the Parliamentary Assembly and in the Committee of Ministers.
In: Gstrein , O J 2020 , ' Right to be Forgotten : EU-ropean Data Imperialism, National Privilege, or Universal Human Right? ' , Review of European Administrative Law , vol. 1 , pp. 125-152 . ; ISSN:1874-7981
The Digital Age has fundamentally reshaped the preconditions for privacy and freedom of expression. This transpires in the debate about a "right to be forgotten". While the 2014 decision of the European Court of Justice in "Google Spain" touches upon the underlying issue of how increasing amounts of personal data affects individuals over time, the topic has also become one of the salient problems of Internet Governance. On 24th September 2019 the European Court of Justice delivered its judgment in "Google vs CNIL" (C-507/17) which was supposed to clarify the territorial scope of the right. However, this judgment has raised doubts about the enforceability of the General Data Protection Regulation, and reveals the complex, multi-layered governance structure of the European Union. Acknowledging such complexity at a substantive and institutional level, this article starts by analysing the judgment. Additionally, to better understand the current situation in the European Union and its member states, recently produced draft guidelines by the European Data Protection Board are presented and discussed, as well as two judgments of the German Federal Constitutional Court. Subsequently, the European developments are put in international context. Finally, the insights from these sections are combined which allows to develop several conceptual ideas. In conclusion, it is argued that the right to be forgotten remains complex and evolving. Its success depends on effective multi-layer and multi-stakeholder interaction. In this sense, it has become a prominent study object that reveals potential venues and pitfalls on a path towards more sophisticated data protection frameworks.
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World Affairs Online
In: Reproductive Health Matters, Band 19, Heft 38, S. 119-128
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In: Notre Dame Journal of Law, Ethics and Public Policy, Vol. 27, Issue 1 (2013)
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On human rights : two simple remarks / Jean-Luc Nancy, translated by Gilbert Leung -- Human rights : the necessary quest for foundations / Conor Gearty -- Against human rights : liberty in the western tradition / John Milbank -- Religious faith and human rights / Rowan Williams -- Philosophy and the right to resistance / Costas Douzinas -- On a radical politics for human rights / Illan Rua Wall -- Fanon today / Drucilla Cornell -- Race and the value of the human / Paul Gilroy -- From "human rights" to "life rights" / Walter D. Mignolo -- Democracy, human rights and cosmopolitanism : an agonistic approach / Chantal Mouffe -- Plural cosmopolitanisms and the origins of human rights / Samuel Moyn -- Second-generation rights as biopolitical rights / Pheng Cheah -- History, normativity, and rights / Paul Patton -- "All of us without exception" : Sartre, Ranciáere, and the cause of the other / Bruce Robbins -- However incompletely, human / Joseph R. Slaughter -- Welcome to the "spiritual kingdom of animals" / Slavoj Žižek
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 36, Heft 2, S. 296-324
ISSN: 0275-0392
In: Human rights law review, Band 16, Heft 4, S. 771-797
ISSN: 1744-1021
In: European journal of international law, Band 30, Heft 4, S. 1447-1452
ISSN: 1464-3596
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Working paper
In: International studies review, Band 11, Heft 3, S. 592-593
ISSN: 1521-9488
In: IDS bulletin: transforming development knowledge, Band 37, Heft 5, S. 117-122
ISSN: 1759-5436