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Persistent link: https://www.econbiz.de/10013167371
An important aspect of the structure of fundamental rights is the bifurcation between the definition of scope and the review of justification. Although this bifurcation is of great importance both to the division of the burden of proof and to the use of such tools as the doctrine of the margin...
Persistent link: https://www.econbiz.de/10013150383
The 2000 Charter of Fundamental Rights of the European Union recognizes the right to asylum in Article 18. Once the 2007 Treaty of Lisbon enters into force, the Charter will become legally binding and its provisions will have treaty rank within the Union's legal order. Compliance with the...
Persistent link: https://www.econbiz.de/10013151780
This paper analyses the jurisprudence of the European Court of Human Rights regarding conflicts generated by the confrontation between the employee's right to privacy and the employer's powers. Also, it provides definitions and limitations on the right to privacy, as well as general rules,...
Persistent link: https://www.econbiz.de/10012835687
The present article aims to analyse the existing and proposed Lithuanian labour legislation from the perspective of the relatively new human rights instrument – the Charter of Fundamental Rights of European Union. First of all, the article briefly explains the evolution of the social rights at...
Persistent link: https://www.econbiz.de/10012951793
Mireille Hildebrandt's Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt's work for the conceptualization of fundamental rights. One consequence of the shift to a...
Persistent link: https://www.econbiz.de/10012961128
Cryptocurrencies, like Bitcoin, raise new legal questions due to their innovative technological concepts. While academic research covers nearly all areas of the technological concepts of those currencies, legal studies focus only on a few topics. The papers which have been published so far...
Persistent link: https://www.econbiz.de/10012903028
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it...
Persistent link: https://www.econbiz.de/10012906251
This paper analyses what corp orate social responsibility (CSR) means in the European Union law context. It inquires whether this notion is similar to other already established legal concepts in EU law, and if so to what extent. This paper starts with an introduction to the European Union's...
Persistent link: https://www.econbiz.de/10012893517