Suchergebnisse

Master Thesis is devoted to the study of the advisory opinion procedure prescribed by the Protocol No. 16 to the European Convention on Human Rights or, to be more precise, to the study of the value of this procedure for the protection of human rights in the European Union. The Master Thesis is aimed on establishing whether the advisory opinion procedure could become an effective tool for improving the human rights protection in the Union. The main objectives of the Thesis were to analyse the provisions of the Protocol No. 16 and to find out whether the aims of the Protocol could be achieved and what will be the obstacles, if any, for doing this; and to establish how the advisory opinion procedure will influence the national courts and EU law. The research has shown that the advisory opinion procedure will enhance the judicial dialogue between the Court and the national courts and will ensure establishing higher human rights protection standards. However, there are still some doubts that the procedure will decrease the Court's workload due to the length of the procedure, the additional burden that will be put on the Grand Chamber, etc. Moreover, the Protocol may prevent the Constitutional Courts from effective realization of the function of constitutional control and can interfere into the relationship between the Constitutional Courts and the Highest Ordinary Courts. The main concern about the non-binding nature of the advisory opinions was, however, refuted. Besides, the research has shown that the Court of Justice of the European Union in Opinion 2/13 reasonably stated that the advisory opinion procedure could undermine the autonomy of EU law that neither can be put higher than the protection of human rights, nor being neglected.

Master Thesis is devoted to the study of the advisory opinion procedure prescribed by the Protocol No. 16 to the European Convention on Human Rights or, to be more precise, to the study of the value of this procedure for the protection of human rights in the European Union. The Master Thesis is aimed on establishing whether the advisory opinion procedure could become an effective tool for improving the human rights protection in the Union. The main objectives of the Thesis were to analyse the provisions of the Protocol No. 16 and to find out whether the aims of the Protocol could be achieved and what will be the obstacles, if any, for doing this; and to establish how the advisory opinion procedure will influence the national courts and EU law. The research has shown that the advisory opinion procedure will enhance the judicial dialogue between the Court and the national courts and will ensure establishing higher human rights protection standards. However, there are still some doubts that the procedure will decrease the Court's workload due to the length of the procedure, the additional burden that will be put on the Grand Chamber, etc. Moreover, the Protocol may prevent the Constitutional Courts from effective realization of the function of constitutional control and can interfere into the relationship between the Constitutional Courts and the Highest Ordinary Courts. The main concern about the non-binding nature of the advisory opinions was, however, refuted. Besides, the research has shown that the Court of Justice of the European Union in Opinion 2/13 reasonably stated that the advisory opinion procedure could undermine the autonomy of EU law that neither can be put higher than the protection of human rights, nor being neglected.

The role of religious symbols, including wearing religious garments in school and displaying religious symbols in public, has been, and continues to be, a matter of controversy in a number of countries. Students or teachers observing religious dress codes, including Islamic headscarves and Sikh turbans, employees wearing cross and chain around the neck have in some countries been expelled from schools, denied access to higher education, suspended from their jobs or their other rights were restricted. Summarising the above analysed case-law, it could be concluded that European Court of Human Rights (Commission as well) dealt with the diverse forms of religious symbols. The relevance of the issue could be proved by the new applications, which raise new aspects of the display/wearing of religious symbols. ECtHR in its rulings highlighted the State's margin of appreciation and emphasized the importance of the principles of secularisms and equality. Thus, the Court acknowledged the interference with the freedom of religion, it was justified on the grounds laid down in the limitation clause (Article 9(2) of the Convention). In most of the cases the European Court of Human Rights having regard to the Contracting States' margin of appreciation justified the interference as "necessary in democratic society" in pursuance to the legitimate aim of protecting the rights and freedoms of others and of public order. However, the judgment in "Crucifix" case, where the Court did not find that in classrooms hanging crucifix violates freedom of religion, raised the discussion about "double standards" applicable to the different religions. Consequently, the pending cases regarding the ban on the full-face veil in France and the prohibition to wear a cross and chain around the neck at work, could draw a new line in the jurisprudence of the European Court of Human Rights.

The role of religious symbols, including wearing religious garments in school and displaying religious symbols in public, has been, and continues to be, a matter of controversy in a number of countries. Students or teachers observing religious dress codes, including Islamic headscarves and Sikh turbans, employees wearing cross and chain around the neck have in some countries been expelled from schools, denied access to higher education, suspended from their jobs or their other rights were restricted. Summarising the above analysed case-law, it could be concluded that European Court of Human Rights (Commission as well) dealt with the diverse forms of religious symbols. The relevance of the issue could be proved by the new applications, which raise new aspects of the display/wearing of religious symbols. ECtHR in its rulings highlighted the State's margin of appreciation and emphasized the importance of the principles of secularisms and equality. Thus, the Court acknowledged the interference with the freedom of religion, it was justified on the grounds laid down in the limitation clause (Article 9(2) of the Convention). In most of the cases the European Court of Human Rights having regard to the Contracting States' margin of appreciation justified the interference as "necessary in democratic society" in pursuance to the legitimate aim of protecting the rights and freedoms of others and of public order. However, the judgment in "Crucifix" case, where the Court did not find that in classrooms hanging crucifix violates freedom of religion, raised the discussion about "double standards" applicable to the different religions. Consequently, the pending cases regarding the ban on the full-face veil in France and the prohibition to wear a cross and chain around the neck at work, could draw a new line in the jurisprudence of the European Court of Human Rights.

There is a marked increase in the number of migrants and asylum-seekers in Europe in recent years. Such tendency leads to an increasing number of appeals to international institutions. This becomes a particular challenge for national and international (European) justice, as this may provoke conflicts of law in courts' practice. Originating from two different European legal orders, the European Court of Human Rights together with the Court of Justice of the European Union plays a crucial role in the protection of the fundamental rights of migrants and asylum-seekers. While some of the approaches of these courts may intertwine, others may cause legal gaps or uncertainty. Therefore, it is essential to understand to what extent the level of human rights protection in these two courts coincides. This Master's Thesis is focused on how the two European courts coexist in terms of migration and asylum, what are the trends in the migration-related jurisprudence of these two courts, and what role the courts play in the legal system of Ukraine.

There is a marked increase in the number of migrants and asylum-seekers in Europe in recent years. Such tendency leads to an increasing number of appeals to international institutions. This becomes a particular challenge for national and international (European) justice, as this may provoke conflicts of law in courts' practice. Originating from two different European legal orders, the European Court of Human Rights together with the Court of Justice of the European Union plays a crucial role in the protection of the fundamental rights of migrants and asylum-seekers. While some of the approaches of these courts may intertwine, others may cause legal gaps or uncertainty. Therefore, it is essential to understand to what extent the level of human rights protection in these two courts coincides. This Master's Thesis is focused on how the two European courts coexist in terms of migration and asylum, what are the trends in the migration-related jurisprudence of these two courts, and what role the courts play in the legal system of Ukraine.

The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing exercise performed by the Court. The final chapter assesses the balancing-based model of proportionality test as applied by the ECtHR, identifying the most prospective trends of its application.

The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing exercise performed by the Court. The final chapter assesses the balancing-based model of proportionality test as applied by the ECtHR, identifying the most prospective trends of its application.

The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing exercise performed by the Court. The final chapter assesses the balancing-based model of proportionality test as applied by the ECtHR, identifying the most prospective trends of its application.

The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing exercise performed by the Court. The final chapter assesses the balancing-based model of proportionality test as applied by the ECtHR, identifying the most prospective trends of its application.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

Main concepts: human rights, natural and positive rights, national defense system of the Republic of Lithuania, Lithuanian army, statutes, European Union (EU), North Atlantic Treaty Organization (NATO), USSR armament, control model, etatism, humanism, unstatutory intercourse, statutory servant, discipline. Summary: work name and main concepts used in this work are given in the summary. It is described, what author analyses in this work, what influences on human rights' institution and it's development tendencies, what attitudes he has when writing this work. The essence of human rights and problems of its implementation and protection are provided. Human rights in common sense might be understood as a complex of values, involving rights/liberties and duties of an individual. External development, external and internal state changes, model of state government, ruling ideology lets to analyze human rights in various aspects. Human rights' institution in armament of USSR and independent Lithuania are analyzed and compared. Regulation of human rights and protection development tendencies and singularities are revealed by analyzing doctrines of dominant natural rights and positive etatism, historical circumstances, models of state government, their influence on human rights institution as well as emphasizing implementation of human rights in army. An attitude, that soviet heritage has an influence today, is kept in the work. The origin of unstatutory intercourse, determining restrictions and violations of soldiers' human rights, also was influenced by intercourse of soldiers at army during soviet time. On the basis of analyzed legal bases and accomplished sociological research (designated for human rights at national defense system) a conclusion is made, that different model of state/army government, state history, dominant ideology, legal doctrine, state becoming a part of an international community has an impact on regulation of human rights and its development. However, an influence of soviet heritage in the army is felt, soldiers' opinion researches reveal different weaknesses, which Lithuania still meets in the range of protection of human rights