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| Author | : Marek Zubik |
| Publisher | : Springer Nature |
| Total Pages | : 384 |
| Release | : 2020-10-30 |
| Genre | : Law |
| ISBN | : 3030571890 |
Download European Constitutional Courts towards Data Retention Laws Book in PDF, ePub and Kindle
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive. Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention. This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
| Author | : Stefan Thierse |
| Publisher | : Springer Nature |
| Total Pages | : 159 |
| Release | : 2020-10-26 |
| Genre | : Political Science |
| ISBN | : 3030471624 |
Download Opposition in the EU Multi-Level Polity Book in PDF, ePub and Kindle
This book challenges the conventional wisdom that the European Union (EU) is an example of governance without opposition. Building on a concept of opposition that honors both the institutional features of the EU polity and the fundamental functions of political opposition, it argues that legal mobilization and litigation before constitutional courts provides actors and organizations from civil society with an opportunity to challenge and overturn policy decisions that originate at the EU level. Further, it presents case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States (Austria, the Czech Republic, Germany and Ireland) to illustrate the motivations for, as well as the preconditions and pitfalls of, mobilizing constitutional law. By connecting the literature on social movements, law and politics and comparative government, this book will appeal to readers interested in political science, sociology and legal studies.
| Author | : Oreste Pollicino |
| Publisher | : Routledge |
| Total Pages | : 273 |
| Release | : 2016-01-13 |
| Genre | : Law |
| ISBN | : 1317407997 |
Download The Internet and Constitutional Law Book in PDF, ePub and Kindle
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.
| Author | : Matthew White ((Author of Surveillance law, data retention, and human rights)) |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024 |
| Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms |
| ISBN | : 9781032076003 |
Download Surveillance Law, Data Retention, and Human Rights Book in PDF, ePub and Kindle
"This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the European Convention on Human Rights (ECHR). This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance"--
| Author | : Maja Brkan |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 272 |
| Release | : 2017-05-26 |
| Genre | : |
| ISBN | : 1784718718 |
Download Courts, Privacy and Data Protection in the Digital Environment Book in PDF, ePub and Kindle
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
| Author | : Oreste Pollicino |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 269 |
| Release | : 2021-04-22 |
| Genre | : Law |
| ISBN | : 1509912703 |
Download Judicial Protection of Fundamental Rights on the Internet Book in PDF, ePub and Kindle
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.
| Author | : Michal Bobek |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 810 |
| Release | : 2020-12-24 |
| Genre | : Law |
| ISBN | : 1509940928 |
Download The EU Charter of Fundamental Rights in the Member States Book in PDF, ePub and Kindle
Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.
| Author | : Ana Bobić |
| Publisher | : Oxford University Press |
| Total Pages | : 321 |
| Release | : 2022 |
| Genre | : Conflict of laws |
| ISBN | : 0192847031 |
Download The Jurisprudence of Constitutional Conflict in the European Union Book in PDF, ePub and Kindle
A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.
| Author | : Sybe de Vries |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 392 |
| Release | : 2015-12-03 |
| Genre | : Law |
| ISBN | : 1782258248 |
Download The EU Charter of Fundamental Rights as a Binding Instrument Book in PDF, ePub and Kindle
The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.
| Author | : Robert van den Hoven van Genderen |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 330 |
| Release | : 2016-12-01 |
| Genre | : Law |
| ISBN | : 904118600X |
Download Privacy Limitation Clauses Book in PDF, ePub and Kindle
The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of Europe’s most trusted authorities on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy and if the grounds to do so are acceptable within a democratic society. Unpacking the complexity of the various factors on each side – privacy and the general interest of safety – the author clearly describes the relevant tensions in the following major areas of current law: – data protection regulations; – regulations on interception and retention of personal data in the telecommunication sector; – anti–money laundering; and – strategies used to protect national security against terrorist activities. The analysis pays detailed attention to the relevant provisions of international and regional conventions, to deliberated principles and guidelines, and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account. This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens’ rights of privacy and the procedures in place to legitimize these intrusions. Its ultimate contribution – the setting forth of a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy – will prove of inestimable value to policymakers, government institutions, and practitioners in several fi elds related to human rights. Robert van den Hoven van Genderen has worked as a legal expert on telecommunications technology, regulation of the Internet, and anti–money laundering measures in both public and private sectors, in addition to legal and academic practice.
