European Convention For Protection Research Articles

Европейская Конвенция о защите прав человека и основных свобод – Конституция для Европы?

Европейская Конвенция о защите прав человека и основных свобод – Конституция для Европы?

The right to freedom of expression vis á vis public interest

The right of freedoms of expression is one of the fundamental human rights. This, among other things, is guaranteed by Article 10 of the European Convention for the protection of human rights and freedoms. However, the freedoms of expression is not an absolute right, which means that in some situations it may be restricted, especially if the public interest requires that. Submission of information for media must be in accordance with the human rights of the people who are involved. These rights are guaranteed by the European Convention for protection of human rights and freedoms, by the Constitution and by Laws. Having in consideration that this freedom carries some duties, the enjoyment of this freedom may be based on formalities, conditions, restrictions or penalties, as it is prescribed by law and they are necessary in one democratic society for the purpose of crime prevention, protection of reputation or protection of the rights of other people, for prevention of disclosure of confidential information or for maintaining the authority and independence of the judiciary. If the courts accept the thesis that somebody has the right to say or write something and it is said in public interest, although it violates the rights of another person, it means that the freedoms of expression prevails over some other rights. This paper aims to examine the aspect of freedoms of expression, especially in the media and the judiciary, versus the need of protection of the public interest and latest legal decisions that are related to this matter.

Criminal Identification Records Case

The individual in international law — Human rights and freedoms — European Convention for Protection of — Right to respect for private and family life (Article 8.1) — Right to remedy before national authority (Article 13) — Criminal identification records of acquitted persons — The law of Austria

Z. v. Federal Republic of Germany

The individual in international law — Human rights and freedoms — European Convention for Protection of — Right to compensation for restrictions on liberty imposed by the state (Article 5(5)) — Germany — Whether Government of Federal Republic responsible for acts of authorities of Soviet Zone of Occupation — The law of Federal Republic of Germany

Sodium-Paper Industry Company v. Federal Distribution

157The individual in international law — In general — Position of — Human Rights and Freedoms — European Convention for Protection of — Interpretation of Articles 6 and 13 — The law of Austria

Pilavachi & Co., Ltd. v. International Chemical Co., Ltd.

194The individual in international law — Human rights and freedoms — European Convention for Protection of — The Constitution of Cyprus — Right to a hearing before a court — Right to present a case to a court — Registration and enforcement of judgment obtained abroad — The law of Cyprus.

Delcourt Case.

The individual in international law — Human rights and freedoms — European Convention for Protection of — Article 6 (1) (right to fair trial): “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing …” — Whether including appeals in cassation — Belgian judicial procedure — Right of Procureur général to be present at deliberations of Court of Cassation on criminal appeals — No right of reply to submissions of Procureur général — Whether procedure compatible with Article 6 (1) — Complaints made by applicant during proceedings before Commission but not mentioned in application — Whether admissible.

Christou v. Christou.

189The individual in international law — Human rights and freedoms — European Convention for Protection of — The Constitution of Cyprus — Right to proper conduct of legal proceedings — Enforcement of maintenance order obtained abroad — The law of Cyprus.

Association sans but lucratif “Association protestante pour la Radio et la Télévision” v. Radiodiffusion-Télévision belge (Émissions françcaises) and Radiodiffusion-Télévision belge (Institut des Services communs.)

198The individual in international law — Human rights and freedoms — European Convention for Protection of — Right to freedom of thought, conscience and religion (Article 9) — Right to freedom from discrimation (Article 14) — Religious broadcasting — Amount of time allotted to each religion proportional to its numerical strength in the country — Whether refusal to grant parity of time to Protestants with Catholics a breach of the Convention — The law of Belgium.

Equality before the Law (Austria) Case.

Treaties — Interpretation of — Consideration of preparatory work — Interpretation by reference to history of origin — Interpretation in accordance with domestic law of one contracting party — The law of Germany.The individual in international law — Aliens — Position of — Plea of non-discrimination — Right to equality before the law — Whether guaranteed to aliens by Austrian Constitution — Whether guaranteed by European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 (Article 14) — The law of Austria.

Re Belaid and Merckx.

The individual in international law — Human rights and freedoms — European Convention for Protection of — Right of accused to call witnesses (Article (6) (3) (d)) — Balance between prosecution and defence — The law of Belgium.

Re Knapen.

180The individual in international law — Human rights and freedoms — European Convention for Protection of — Right of accused to have adequate time and facilities for preparation of his defence (Article 6 (3) (b)) — Right of access to case-file — Detention pending trial — Scope of application of Article 6 (3) (b) — The law of Belgium.

Re A. (An Infant), Hanif v. Secretary of State for Home Affairs.

The individual in international law — Position of — Human rights — European Convention for Protection of, 1950 (Article 26) — Duty to exhaust local remedies — Allegation of interference with right to family life — Immigration control — Whether immigrant can apply to be made ward of court — Whether this amounts to local remedy.Jurisdiction — Personal — Over nationals and others who owe allegiance — Local allegiance owed by non-citizens — Duty of sovereign to protect subjects — Power to make non-citizen a ward of court — Potential conflict between wardship jurisdiction and immigration control — The law of England.

Applicability in Austria of European Convention on Human Rights Case

International law — Relation to municipal law — Operation of treaties — Effect on Austrian statute law of operation of European Convention on Human Rights, 1950 — The law of Austria.The individual in international law — Human rights and freedoms — European Convention for Protection of (Article 6) — Operation and enforcement in municipal law — Effect on statute law — Whether capable of overriding statute law — The law of Austria.Treaties — Operation and enforcement of — Effect in municipal law — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950, Article 6 — Effect of Convention on Austrian statute law — Whether Convention capable of overriding Austrian statute law — The law of Austria.

In re Meert

International law — Relation to municipal law — Human rights and freedoms — European Convention for Protection of — Right to trial within a reasonable time (Article 5) — Detention during preliminary investigation — Whether a violation of Convention — Detention in the public interest — The law of Belgium.187The individual in international law — Human rights and freedoms — European Convention for Protection of — Right to trial within reasonable time or release pending trial (Article 5) — Detention during preliminary investigation — Detention in the public interest — Whether a violation of Article 5 — The law of Belgium.

Het Eilandegebied Curaçao v. Netherlands Antilles

International law — Relation to municipal law — European Convention on Human Rights — Whether self-executing in Netherlands Antilles — The law of the Netherlands Antilles.Treaties — Operation and enforcement of — Necessity for municipal legislation — European Convention on Human Rights — Whether self-executing in Netherlands Antilles — The law of the Netherlands Antilles.188The individual in international law — Human rights and freedoms — European Convention for Protection of — Right to freedom of expression (Article 10) — Television programmes — Government censorship of — Limits permissible under Convention — The law of the Netherlands Antilles.

Public Prosecutor v. Van Loon.

International law — Relation to municipal law — Treaties — Compatibility of municipal legislation with treaty provision — European Convention on Human Rights — Freedom to manifest religion in worship in public (Article 9) — Netherlands Act on Supervision of Religious Communities, 1853, and Constitution, Article 184 — The law of the Netherlands.239The individual in international law — Human rights and freedoms — European Convention for Protection of — Compatibility of municipal legislation of Parties with Article 9 (freedom to manifest religion in worship in public) — Netherlands Act on Supervision of Religious Communities, 1853, and Constitution, Article 184 — The law of the Netherlands.

De Becker Case.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Court of Human Rights — Functions and competence — Effect of request by both parties that case be struck off Court's list — Duty of Court to determine whether violation of Convention had occurred in the case — Amendment in law of respondent State — Whether Court under duty to determine whether amended law compatible with Convention — Right to freedom of expression (Article 10).

Re Application No. 458/59 (X. v. Belgium).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Non-retroactivity of penal legislation (Article 7) — Right to fair administration of justice (Article 6) — Applicability of Convention only to events occurring after entry into force — Application to be made within six months of final decision (Article 26) — Exhaustion of local remedies (Article 26) — Extent to which Commission can take cognizance of errors by domestic courts (Article 19).

Re Application No. 551/59 (X. v. Federal Republic of Germany).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Right to peaceful enjoyment of possessions (First Protocol, Article 1) — Measure introduced in public interest — Right of State to enforce payment of taxes or other contributions or penalties — Non-discrimination required only in respect of guaranteed right (Convention, Articles 1 and 14).