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| Author | : Bilyana Petkova |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 352 |
| Release | : 2020-12-25 |
| Genre | : Law |
| ISBN | : 1788976681 |
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.
| Author | : Oreste Pollicino |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 269 |
| Release | : 2021-04-22 |
| Genre | : Law |
| ISBN | : 1509912703 |
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 | : Oreste Pollicino |
| Publisher | : Hart Publishing |
| Total Pages | : 0 |
| Release | : 2022-11-17 |
| Genre | : Law |
| ISBN | : 1509947221 |
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?
| Author | : Chiara Amalfitano |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 240 |
| Release | : 2018 |
| Genre | : |
| ISBN | : 1786439433 |
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
| Author | : Oreste Pollicino |
| Publisher | : Routledge |
| Total Pages | : 264 |
| Release | : 2016-01-13 |
| Genre | : Law |
| ISBN | : 1317407997 |
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 | : Sara Iglesias Sánchez |
| Publisher | : Cambridge University Press |
| Total Pages | : 1070 |
| Release | : 2021-07-29 |
| Genre | : Law |
| ISBN | : 1108862098 |
The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.
| Author | : John-Stewart Gordon |
| Publisher | : BRILL |
| Total Pages | : 400 |
| Release | : 2020-12-07 |
| Genre | : Philosophy |
| ISBN | : 9004437878 |
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.
| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 402 |
| Release | : 2018-04-15 |
| Genre | : Political Science |
| ISBN | : 9287198497 |
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.
| Author | : Serge Gutwirth |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 356 |
| Release | : 2009-05-24 |
| Genre | : Law |
| ISBN | : 1402094981 |
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.
| Author | : Malu Beijer |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Human rights |
| ISBN | : 9781780684550 |
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.
