Model of Individual Constitutional Complaint Subject to Commonwealth of Independent States Members’ Legislation: a Comparative Legal Analysis by V. S. Kukhlivskiy

“…The named measures are aimed to strengthen protection of constitutional human rights in Russia and also to decrease the number of complaints against Russia filed to European Court of Human Rights.…”
Get full text

European Religious Education Policy by Abdurrahman HENDEK

“…Religious education in schools in Europe must comply with the human rights principles expressed in relevant international human rights conventions and with the case-law produced by supranational courts such as the European Court of Human Rights. Moreover, in recent decades, European organisations such as the Council of Europe and the Organisation for Security and Co-operation in Europe have published recommendations, guidelines and reference books concerning religious education in schools. …”
Get full text

Proving Corruption in the Investigative and Judicial Practice of Ukraine: Problems and Solutions by R. L. Stepaniuk, V. V. Kikinchuk, M. H. Shcherbakovskyi

“…The work is based on the analysis of the scientific literature, criminal and criminal procedural legislation of Ukraine, which regulates public relations associated with the identification, detection, investigation and judicial review of cases of illegal benefit by officials, on the precedents of the European Court of Human Rights on this issue, as well as the study and summarizing the materials of 200 criminal cases on illegal benefits considered by the courts of Ukraine in 2015-2019. …”
Get full text

Remote Criminal Proceedings in EU Law from the Perspective of Strengthening the Rights of the Accused by Žukovaitė Inga

“…The requirement that a videoconference hearing must meet the standards established by the European Court of Human Rights is identified. Following this, the question of whether a videoconference hearing can become an instrument that balances the protection of the rights of the accused with progressive e-justice digitalisation processes when adequately regulated in EU law is addressed. …”
Get full text

Form over Substance: Possibilities to Prove Electoral Irregularities under Serbian Law by Jelena Jerinić

“…Besides Serbian legislation and case law, the analysis leans on the relevant European standards, including the case law of the European Court of Human Rights. The results show that in practice, electoral commissions and courts use a limited circle of means of evidence and that the evidence submitted by complainants is not evaluated in the same way as the one coming from electoral boards. …”
Get full text

European Experience in Regulating Human Right to Free Secondary Legal Aid by P. Valko

“…On the basis of the analysis of the basic normative acts of the European countries and the judgments of the European Court of Human Rights, the author has distinguished basic criteria of the necessity of rendering a person free legal aid: 1) demand of interests of justice; 2) the complexity of the court case; 3) the need for the services of a lawyer in regard to the particular circumstances of the case; 4) financing of legal aid by the state.…”
Get full text

Strategic Climate Litigation before National Courts: Can European Union Law be used as a Shield? by Christina Eckes

“…Third, the European Court of Human Rights would not accept the “EU law as a shield” argument.…”
Get full text

Ochrona stabilności sektora bankowego jako ochrona wartości konstytucyjnych by Kamil Dąbrowski

“…An important supplement and development of the conducted considerations was the reflection on the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union, which - at least several times - also referred to the problem of perceiving the stability of the banking system as a value of the legal system. …”
Get full text

Judicial protection of real property rights by Tasić Anđelija, Lazić Miroslav

“…One of these tendencies (embodied in the principle of polidatiry) is the right to a home, established by the practice of the European Court of Human Rights and confirmed by the decisions of the Constitutional Court of the Republic of Serbia.…”
Get full text

RELIGION AND STATE IN THE EUROPEAN UNION by Joanna Kulska

“…In November 2009 the European Court of Human Rights made a ruling which has ordered the removal of crucifixes in Italian schools on the basis that they constitute “a violation of pupils’ religious freedom”. …”
Get full text

Selvinkriminering og oplysningspligter by Lars Bo Langsted

“…The cases of Saunders and Serves from the European Court of Human Rights are examined and compared to Danish and Norwegian law. …”
Get full text

At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary by Vanda Vadász, Viktória Verebélyi

“…Finally, we provide an overview of the European Court of Human Rights’ jurisprudence on the protection of property rights and an assessment of Hungarian regulations before the Court. …”
Get full text

Use of Extra-judicial Technical Surveillance in Criminal Decision-making: European Limitations and National Challenges by Andrei Zarafiu

“…The case law of the European Court of Human Rights in Strasbourg has consistently stated that even a severe threat to national security, such as acts of terrorism, or other risks of a global nature are not to be relied upon in order to override this form of protection and control. …”
Get full text

Detention of a person committed a criminal offence: criminal procedural and forensic characteristics by V. G. Drozd

“…The practice of using administrative detention for the purposes of criminal proceedings is unacceptable, as the European Court of Human Rights has repeatedly pointed out. …”
Get full text

Detention as a violation of the fundamental right to protection by Lototskyi M., Dzundza L.

“…In the process of research, it is scientifically substantiated that the criminal procedural legislation of Ukraine as a whole corresponds to the Basic Law of Ukraine and the practice of the European Court of Human Rights when bringing a person to criminal responsibility, however, the application of one of the most severe preventive measures of detention to a person/persons violates it the right to protection, resulting in the violation of other rights of the person. …”
Get full text

International legal framework for the regulation of judicial immunity by S. O. Demchenko

“…Finally, the author concludes that the key elements of the European Court of Human Rights case law relating to the essence of judicial indemnity and its limits should be adapted and integrated into the Ukrainian judicial system, given their importance for the development of the relevant doctrine.…”
Get full text

The limits of restrictions on free competition in the state of emergency—the Hungarian fuel and food retail price maximisation in the light of the Hungarian constitutional court’s,... by Csaba Erdős, Viktória Verebélyi, László Knapp

“…This can basically be determined on the basis of the relevant case law of three fora of legal protection—the Hungarian Constitutional Court, the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union. …”
Get full text

Concept of effective Control among the Means of Restoring National Security of Ukraine by O. V. Cherviakova, R. V. Sytnyk, M. M. Honcharenko

“…In particular, the United Nations International Court of Justice and the European Court of Human Rights are actively working with the concepts of effective and general control to deal with cases of violating human rights, international humanitarian law on the territories of armed conflict. …”
Get full text

Foreign experience in ensuring of non-interference in the private life of a person in criminal proceedings by D. V. Simonovych, O. V. Blyshchyk

“…The international community, in particular the European Court of Human Rights, has repeatedly stressed that the rules of law of a restrictive nature must be of high quality, i.e. without ambiguity in their interpretation and application. …”
Get full text

Defence counsel's participation in a special pre-trial investigation of criminal offenses by S. Ye. Ablamskyi

“…Taking into account the study of judicial practice, doctrinal sources and decisions of the European Court of Human Rights some proposals to eliminate the outlined issues have been made.…”
Get full text