"Glamour" – Corrected: Decision of the Supreme Court (Cour de cassation) 15 May 2015 – Case No. 13-27391
In: IIC - International Review of Intellectual Property and Competition Law, Band 47, Heft 7, S. 856-858
ISSN: 2195-0237
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In: IIC - International Review of Intellectual Property and Competition Law, Band 47, Heft 7, S. 856-858
ISSN: 2195-0237
In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 76, Heft 1, S. 1-51
ISSN: 0044-2348
World Affairs Online
Every year, the European Court of Human Rights delivers a large number of judgments and an even greater number of decisions, thus adding to its already formidable body of case-law. This can make it difficult for people outside the Court to know which cases break new ground or address new issues. An increasingly important aspect of the Court's work has thus become to identify such cases and to disseminate them in a convenient and accessible format. The annual Overview series, available in English and French, seeks to respond to that need by focusing on the most important cases the Court deals with each year. All the cases are selected by the Court's Jurisconsult's Directorate on the basis of their jurisprudential interest. In addition to the cases chosen for publication in the Court's Reports of Judgments and Decisions, they include a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the case-law. The approach has been to draw attention to the salient points, allowing the reader to appreciate the jurisprudential significance of a particular case
In: Human Rights Files 12 (rev.)
Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.
The reflection about the fundamental rights of entities is not so new as we might be tempted to believe. However, the reflection raises the question by its antithetical. Natural persons appear to be the only beneficiaries of such rights. They were the centre of all doctrinal attention. The intimacy of the relationship between man and the concept of human rights, from which flows the fundamental rights, easily justified the exclusion of entities. The idea of including groups and organizations, which seemed unthinkable will be accepted in fine, indeed will become indispensable to an effective democracy, dear to the European system of human rights and our study. Entities undoubtedly play a vital role in the achievement of a democratic society, particularly through the press or the actions of political parties. They contribute enormously to a country's economy by the actions of commercial enterprises or other businesses, and even to the development and fufillment of individuals through associations whose missions are many and vary. We can not reasonably refuse such a subject of law the protection of the Convention. Beside, it is with the strength of the evidence that these entities have benefited from various provisions of the Convention. Groups for political purposes or unions cannot accomplish peacefully their mission without the protection of Article 11 of the convention enshrining the freedom of association and peaceful protest. Also, entities deprived of exercising the right to peaceful enjoyment of property, as defined in Article I of Additional Protocol No. 1, cannot thrive in an area where the public authority intervains regularly. Safeguarding these rights, with others, is therefore vital for corporations. Decryption of rights and freedoms guaranteed to them by the european legislation calls to observe systematically the different movements of European jurisprudence. To do this, our thinking prefers a dogmatic approach, based on the particularity of legal entities to the end of assertaining their rights and ...
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The reflection about the fundamental rights of entities is not so new as we might be tempted to believe. However, the reflection raises the question by its antithetical. Natural persons appear to be the only beneficiaries of such rights. They were the centre of all doctrinal attention. The intimacy of the relationship between man and the concept of human rights, from which flows the fundamental rights, easily justified the exclusion of entities. The idea of including groups and organizations, which seemed unthinkable will be accepted in fine, indeed will become indispensable to an effective democracy, dear to the European system of human rights and our study. Entities undoubtedly play a vital role in the achievement of a democratic society, particularly through the press or the actions of political parties. They contribute enormously to a country's economy by the actions of commercial enterprises or other businesses, and even to the development and fufillment of individuals through associations whose missions are many and vary. We can not reasonably refuse such a subject of law the protection of the Convention. Beside, it is with the strength of the evidence that these entities have benefited from various provisions of the Convention. Groups for political purposes or unions cannot accomplish peacefully their mission without the protection of Article 11 of the convention enshrining the freedom of association and peaceful protest. Also, entities deprived of exercising the right to peaceful enjoyment of property, as defined in Article I of Additional Protocol No. 1, cannot thrive in an area where the public authority intervains regularly. Safeguarding these rights, with others, is therefore vital for corporations. Decryption of rights and freedoms guaranteed to them by the european legislation calls to observe systematically the different movements of European jurisprudence. To do this, our thinking prefers a dogmatic approach, based on the particularity of legal entities to the end of assertaining their rights and ...
BASE
In: Adoption & fostering: quarterly journal, Band 27, Heft 2, S. 78-79
ISSN: 1740-469X
In: The international & comparative law quarterly: ICLQ, Band 25, Heft 2, S. 449-450
ISSN: 1471-6895
In: National Taiwan University Law Review, Band Vol 11:2
SSRN
In: Council of Europe - Human Rights Handbook No. 8, November 2006
SSRN
In: Maastricht journal of European and comparative law: MJ, Band 8, Heft 1, S. 49-67
ISSN: 2399-5548
In: Human rights quarterly, Band 23, Heft 2, S. 308-326
ISSN: 1085-794X
In: Human rights law journal: HRLJ, Band 32, Heft 1-6
ISSN: 0174-4704
To play a cooperative and constructive role in the Convention system, national courts must be able and willing to do so. Ability to cooperate is certainly an important issue, involving language problems and other questions of access to information. It is my conviction that the long-term viability and strength of the Convention system depend on a division of labor based on dialogue and procedural as well as substantive subsidiarity, and I would like to draw attention to the way dialogue between the courts in th4e exercise of their respective jurisdictions and the principle of subsidiarity are interconnected. Adapted from the source document.