Freedom Of Residence Research Articles

Enforcement of alternative measures to detention in EU countries: The Italian situation

Enforcement of alternative measures to detention in EU countries: The Italian situation

The State of Play Between Managing Major Sports Events and Human Rights: a Scoping Review

This scoping review integrates literature from diverse perspectives to better understand when and how management of major sport events promotes or harms human rights. The authors critically review 130 peer-reviewed English language articles to identify conceptual contributions to research and practice. The findings reveal that politics and political reform, legal frameworks, and organizational actions are crucial influences in when and how management of events promotes or harms human rights. The most frequently considered rights in the literature are: equality, human trafficking related, sport as a human right, worker rights, and freedom of residence. Activism for human rights stimulates change within relevant stakeholders via collaboration, naming and shaming, in-public debates, and media coverage. The committed, transparent, and inclusive consideration of human rights in all stages of managing sport events (from bid preparation, bidding, planning, and hosting to postevent leverage) may increase the likelihood that the event has social benefits.

경찰법상 위험방지를 위한 출석명령

In this study, the legal issues raised in relation to the attendance order for danger prevention were considered. The attendance order means that the police order the person directly to appear at the police station at a designated time or at regular intervals during that period for the purpose of preventing danger, not for the purpose of investigation or investigation. An attendance order is useful and necessary to prevent danger, but the Police Act does not provide for an attendance order as a standard action. In this case, the question arises whether the general authority clause can be a legal basis for an attendance order for danger prevention. Since an attendance order to prevent danger can severely violate the right to freedom of action, freedom of residence and movement, and, in some cases, freedom of assembly, general authority clause cannot be the legal basis for an attendance order. Another reason why the general authority clause cannot be the legal basis for an attendance order is that the general authority clause requires 'specific danger' as a requirement for police action, but the attendance order is issued at a stage before a specific danger occurs. Another reason why a attendance order cannot be enforced under the general authority clause is that a violation of 'public order', which the general authority clause requires as a requirement for police action, cannot justify a serious violation of rights, such as a attendance order. Finally, another reason why the general authority clause cannot be a legal basis for an attendance order is that where special standard measures are provided for in the Police Act measures more serious than these standard measures can be excluded by analogy. In the end, it can be established that general authority clause cannot be the legal basis for an attendance order for danger prevention. Since there is no explicit provision allowing attendance order for danger prevention in the current law, if the legislature prepares an explicit provision regarding this, it is necessary to prepare a legal basis that satisfies the principle of clarity, excessive prohibition and due process.

농지법상 ‘농지’ 정의와 농지취득자격증명 제도의 위헌성

This paper examines unconstitutional issues related to the Farmland Act for the purpose of protecting people's livelihood & resolving legal obstacles to be faced in the process of returning to farming and returning to village. Various restrictions on farmland from the public welfare perspective of preserving farmland and protecting the national environment, conform to the spirit of the Constitution and are reasonable for substantive justice. However, regulations on farmland, which is private property, are restrictions on the freedom and rights of the people, so they should be limited to the minimum necessary. It is the basic responsibility of the legislature, the executive branch, and the judiciary to find a balance between the protection and restriction of property rights. Recently, the Farmland Act has been revised to strengthen strict regulations, and concerns about not small evils are becoming a reality. Illegal diversion and dumping of agricultural land must be strictly and absolutely prohibited. However, due to the strengthening of the Farmland Act, the issuance of agricultural certificates is strictly rigid even by administrative authorities in rural areas that have nothing to do with speculative areas. In Chapter 2, this paper points out that the uncertainty of the definition of 'farmland' in the Farmland Act against the principle of clarity frequently leads to deviations and abuses of administrative discretion, which is likely to be unconstitutional. Chapter 3 focuses on the unconstitutionality of the regulations related to qualification certificates for acquisition of farmland. First, there is a fundamental infringement of property rights guaranteed by the Constitution by restricting the right to dispose of and acquire the right of ownership. Second, the freedom of residence & relocation and the freedom to choose a job are significantly violated. Third, it severely restricts the “right to live in a healthy and comfortable environment” and the “right to lead a life worthy of human beings”, and as a result, “dignity and value as a human being” and the “right to pursue happiness” are also significantly violated. Next, it is analyzed from the perspective of whether the principle of excessive prohibition is violated, the legitimacy of the purpose, the suitability of the means, the minimum of infringement, and the balance of legal interests. And it is also reviewed whether the right to equality is violated, and it is revealed that the denial of ownership transfer registration of illegally diverted farmland is unconstitutional. In addition, the possibility of unconstitutionality of the provision on limitation period for sanctions under Article 23, Paragraph 1 of General Act on Administration is also critically reviewed. Under the Criminal Procedure Act, there is a statute of limitations for the prosecution of a crime, and there is a long and short statute of limitations for various rights under the Civil Act. Citizens must file claims or lawsuits within a certain period of time to be protected in civil and criminal proceedings as well as administrative trials or litigation. It is to promote 'legal stability' to relieve the anxiety of the parties and excessive consumption of the national administrative and judicial system. In order to prevent the deviation and misuse of the discretion of administrative agencies, it is urgent to apply the limitation period for sanctions under the General Act on Administration. In Chapter 4, apart from the review of legal positivism and interpretive jurisprudence, an additional critical review of legal philosophy and general legal principles is attempted. First, there is a high possibility of unconstitutionality as the fairness in the legal treatment of unauthorized buildings and illegally-exploited farmland is significant. This is because the “Act on Special Measures for the Arrangement of Specific Buildings,” which has been enforced four times so far,

주거의 자유에 관한 공법적 고찰

Intrusion upon Habitation sets a household’s de facto tranquility as the benefit and protection of the law. Intrusion in terms of home invasion is defined in multiple aspects as an act of entering into a residence while disturbing the occupant’s entitled peace, and whether or not the act qualifies as trespassing is based principally on the external or objective act at the moment of entrance. Entering a residence with an act of disturbing the de facto tranquility violates the occupant’s intentions excluding particular circumstances; however, the simple of act of entering a residence cannot be immediately accused as an intrusion based on the occupant’s subjective statement that the act of entering itself goes against the intentions of the occupant. This signifies that within the definition of intrusion, Theory of Intention Intrusion (hitherto the act of breaking and entering against the intentions of the occupant) has been modified to curtail the range of the meaning of intrusion to Theory of Tranquility Intrusion(the act of breaking and entering while disturbing de facto tranquility) and this is a crucial turning point. Theory of Intention Intrusion Act that mainly focuses on the intentions of the occupant violates the void for vagueness in that crime establishment is influenced by intentions which leads to an excessive range of punishment and therefore, the paradigm shift is fundamentally justifiable. However, it is difficult to conclude on how to shape cases in which invasion was legally defined and acknowledged under past Theory of Intention Intrusion, and what subsequent verdicts lay ahead will become much center of attention. For example, consent under fraud, criminal and illegal intent entrée, public access are some of the relevant cases. This paper starts with a premise argument(II) on Freedom of Residence and expands to the Benefit and Protection of the Law of Home Invasion and ‘Intrusion’(III), Excuse and the Meaning of Consent of Victim(IV), Trends and Shifts in Recent Main Legal Precedents(V), and lastly Prospects and Assignments(VI) to conclude an argument.

Cyber상의 위험과 재난으로부터 자유와 안전을 보장할 제어국가의 법적 규제

The 4th industrial revolution is changing the way of life of individuals, the shape of freedom, and the structure of the market and society, which were identified in the national law, constitution, and administrative law. Internet of Things, big data, artificial intelligence, autonomous vehicle, drones, smart cities, smart factories, Fintech, cloud computing, 5G, etc. are making the cyber world and the real world work through various connections and convergence. Therefore, cyber risks and disasters seriously and continuously bring new violations of fundamental rights and market disturbances in a hyper-connected society. Technologies such as cyber hacking, which disrupt the market and infringe on citizens' fundamental rights, continue to develop. The enemies of freedom and society who carry out cyber attacks are wide and diverse in the form, scope, and aspect of the violation to the extent that the state or local governments cannot easily respond and overcome. Cyber dangers and disasters are instilling a common and widespread anxiety among citizens. This threatens freedom, which is the premise of a civil rule of law state. It also infringes on credibility, which is the premise of a communicative civil society. It undermines safety, which is the condition for the fusion of science and the humanities. The list of fundamental rights infringed by this includes the general freedom of action, freedom of expression, right to privacy and self-determination of personal information, basic IT rights, freedom and safety of life and body, freedom of residence, freedom of communication, property rights, and the right to be rescued from criminal damage, the right to claim protection from risks and disasters. Unlike fundamental rights in the offline society, the list of basic rights in cyberspace such as housing and freedom of telecommunication is not strictly separated but has a complex and overlapping nature. In this article, the author subdivides the basic IT rights that have recently been recognized by the German Federal Constitutional Court and presents them as the right to demand confidentiality, the right to demand integrity, and the right to demand availability. The subject of national laws that will guarantee freedom and safety against cyber risks and disasters should no longer be unilaterally limited to the state. Local governments as well as markets in which businesses and individuals participate should be included. This is because reliance on the conventional liberal view of the state, an social state view, and the privatized state view will lead to market failure and government failure again. Now, the state, local governments, and the market should work together to share responsibility for cyber risks and disasters and cooperate. The State shall ensure that it fulfills its guarantee responsibilities based on the guarantee state(Gewährleistungsstaat) view. The state should respect the autonomy of the market from the point of view of the Steering State(Steuerungsstaat) and, can only exceptionally, closely regulate the market to intervene when it cannot solve the problem on its own. When the market goes well autonomously, Government should step back again. As an Active State, the Government should smartly carry out deregulation and soft regulation in parallel with existing commanding regulations. The existing traditional commanding regulations, such as various administrative actions and administrative penalties, should be reduced, and the legal basis for those should be clearly placed in the laws and regulations rather than relying on guidelines or administrative inner rules. According to the public law, the proportion of non-powerful means such as contracts and administrative guidance, as well as new means of securing effectiveness such as charges and the publication of lists (Naming and Shaming) should be increased.

Minimum standards and essential needs in the protection of Syrian refugees in Turkey

UNHCR Executive Committee resolutions had recognized the rights of refugees and asylum seekers in mass influx and many bilateral international conventions, treaties, and agreements. The following rights have also emerged within UNHCR Executive Committee decisions, international human rights law, and international law. The significant central rights and the principle of law towards refugee and asylum seekers which are considered as the minimum standards are: 1) non-refoulement principles, 2) right to life, 3) right to protection from torture and cruel, inhuman, or degrading treatment or punishment, 4) provision of an individual legal status, 5) right to asylum, 6) prohibition of discrimination, 7) right to liberty and security of person, 8) freedom of residence and movement, 9) family reunification, 10) right to an adequate standard of living, and 11) right to adequate housing. Until September 2020, Turkey had been a host country for 3,621,968 Syrian refugees1 who are located in eighty-one cities. Turkey applies the family reunification policy towards the refugees. However, because of the large number of Syrians, Turkish authorities struggle with providing adequate living and housing standards. Thus, the article will elaborate on the most crucial elements from the humanitarian point of view, that is family reunification, right to an adequate standard of living, and right to acceptable housing standards applied towards the Syrian refugees in Turkey in virtue of the Constitution of the Republic of Turkey (1982), Law on Foreigners and International Protection No. 6458 of 2013, and Temporary Protection Regulation (2014).

Management of issues relating to marriage, mental illness, and Indian legislation.

Management of issues relating to marriage, mental illness, and Indian legislation.

Freedom of Residence in India: a Study with Special Reference to Article 35A of the Constitution

Freedom of Residence in India: a Study with Special Reference to Article 35A of the Constitution

거주·이전의 자유의 보호영역에 대한 소고

헌법재판소는 거주·이전의 자유를 기본적으로 국가의 간섭 없이 자유롭게 거주지와 체류지를 정할 수 있는 자유로 보고 거주·이전의 자유는 “생활형성의 중심지 즉 거주지나 체류지라고 볼 만한 정도로 생활과 밀접한 연관을 갖는 장소를 선택하고 변경하는 행위를 보호하는 기본권으로서, 생활의 근거지에 이르지 못하는 일시적인 이동을 위한 장소의 선택과 변경까지 그 보호영역에 포함되는 것은 아니다.”라고 판시하면서 보호영역 해당 여부에 있어서 생활형성의 중심지 기준을 정립하였다.BR 그러나 헌법재판소의 이러한 해석은 거주·이전의 자유 중에서 사실상 거주의 자유만 인정하는 것이고, 이전의 자유는 거주지 이전의 자유 정도로 인정하여 그 독자성을 부인하는 것으로, 헌법 조항의 문언상의 의미를 부당하게 축소시키는 해석이다. 아울러 거주·이전의 자유가 기본권으로 보장된 역사적 맥락과 거주·이전의 자유 보장의 세계적인 흐름에도 맞지 않는 해석이며, 합리성도 없고 앞뒤가 맞지 않는 기준으로 여행의 자유나 이동 자체가 금지되는 경우 등을 간과한 해석이다.BR 헌법재판소는 장소와 장소 간의 일반적인 이동은 거주·이전의 자유가 아니라 일반적 행동자유권의 보호영역에 속한다고 보는 듯하나, 장소와 장소 간의 이동에 있어서 이동하는 경로(길)의 선택이나 이동방법의 선택에 있어서 선택의 자유를 가지는 것은 개인의 인격 발현이나 행복추구의 일환으로서의 일반적 행동자유로도 설명이 가능하고 적절할지 모르나 장소와 장소 간의 이동 자체를 금지하거나 제한하는 경우라면, 이러한 경우 이동의 제한은 거주·이전의 자유 중 이전의 자유의 본질적인 내용이 문제되는 경우로 보아서 일반적 행동자유권이 아니라 거주·이전의 자유의 제한 문제로 취급함이 옳다.

Spatial distribution and relocation potential of isolated dwellings in Japan using developed micro geodata

This research analyzes the spatio-temporal distribution of isolated dwellings; i.e., those with no surrounding neighborhood, throughout Japan for 2009 and 2014 using developed residential micro geodata. We then calculate the lifeline utility maintenance costs and benefits in relation to relocating residents to the city center. The main results are as follows. First, the number of isolated dwellings decreased nationwide although the rate of isolated dwellings increased, predominantly in mountainous areas and remote islands. Second, there was no significant relationship between isolated dwellings and aging rate according to municipality-level aggregated data; however, the aging rate of isolated dwellings was higher than that of non-isolated dwellings according to pinpoint non-aggregated data. Finally, calculations of lifeline utility costs and migration promotion expenses indicate that almost all municipalities in Japan could recover relocation promotion expenses in 13 years, provided that migration promotion expenses are 10 million Japanese yen (JPY) per isolated dwelling. However, convincing residents to agree to relocation can be challenging. Moreover, the benefits of isolated dwellings should also be considered; i.e. ecotourism, cultural values, traditional societies, and freedom of residence. The spatial analysis and modeling results of this study can be used to promote vital public involvement in city management through discussion and information sharing among stakeholders. Therefore, future work will improve the calculation process to promote discussion on sustainable city management.

Educational goods and values: A framework for decision makers

This article articulates a framework suitable for use when making decisions about education policy. Decision makers should establish what the feasible options are and evaluate them in terms of their contribution to the development, and distribution, of educational goods in children, balanced against the negative effect of policies on important independent values. The article articulates a theory of educational goods by reference to six capacities that children should develop – economic productivity, autonomy, democratic competence, healthy personal relationships, treating others as equals, and personal fulfillment. It demarcates three distributive values – adequacy, equality, and benefitting the less advantaged. And it distinguishes several independent values – childhood goods, parents’ interests, respect for democratic processes, and freedom of residence and occupation.

The Discriminating Priority of Integration: Open Housing Activism in St. Louis County, 1968-1977

The open housing movement of the mid-twentieth century paradoxically combated and contributed to discrimination in the housing market. This paradox was most prevalent in the suburbs bordering American cities where the shifting borderlands, observed historian Thomas Sugrue, became battlegrounds for the future of the city.1 As predominantly white suburban areas underwent transition in the 1960s, local white liberalists developed the philosophy of racial to strategically direct black residential mobility. Racial balance promoted the ideal goal of evenly dispersed residential integration throughout metropolitan areas so that white residents would experience the ennobling cultural and social effects of harmony in neighborhoods and schools. From that perspective, integration in a given neighborhood was successful as long as the black population did not exceed 20 percent. Open housing activists who pursued balance in the suburbs perceived the 20 percent mark as a threshold. They theorized that integrated neighborhoods surpassing the 20 percent threshold would inevitably tip towards a predominantly black demographic because white residents, already fearful of the effects of black neighbors on the area's property values, quality of education, safety, and relative stability, were likely to flee to racially homogenous suburbs. Many white open housing activists believed that once neighborhoods tipped, the processes of urban decay and poverty that began to plague large American cities would spill over into the nearby inner suburbs.2Racial balance strategies involved subtle steering. Historians such as Sugrue have pointed out that balance strategies of the 1960s and early 1970s virtually excluded low-income African Americans from the suburbs. Many open housing organizations in the suburbs only lent practical support to a small middle-class black population that had the means to travel to the affluent, predominantly white areas in the outer suburbs.3 The types of low-income housing that many African Americans sought were uncommon in the wealthy outer suburbs. Such low-income housing did exist, however, in the older suburbs bordering the cities. Fearing tipping and resegregation, some white open housing organizations actively prevented African Americans from settling in racially transitional neighborhoods in the inner suburbs. An open housing organization called Neighbors, which was located in University City, an inner suburb that borders St. Louis City, illustrates the racially discriminating nature of balance in suburban areas and reveals the strategic fissures between black urban and white suburban activism.Kay Drey, a white housing activist from University City who founded New Neighbors in 1969, utilized local and manipulative tactics to achieve the goals of balance. Her successor Harry Bemdt, a white housing activist who did not have local connections with University City, finally brought the organization into line with the broader policies of St. Louis City's open housing groups, such as Freedom of Residence and the Urban League's Operation Equality. He helped black families of all classes find homes anywhere they wished in the metropolitan area. Until Bemdt revised Drey's balance strategies in the mid-1970s, New Neighbors (also known as Open Housing) emphasized a localized version of white liberalist activism to achieve evenly dispersed integration throughout St. Louis County so that no single community would have a black population of more than 20 percent. New Neighbors in St. Louis County and other open housing organizations in America's suburbs genuinely sought harmony. Even some of the most sincere suburban proponents of open housing for African Americans, however, used steering techniques to achieve balance. This finding does not necessarily indict Kay Drey or Neighbors, whose remarkable efforts for equality and justice accomplished much good; rather, it demonstrates the context in which open housing activists such as Drey were forced to operate. …

Compatibility of Exit Taxes and Community Law

In 2010, the pressure on exit taxes in the field of corporate income taxation has increased. In this article, it will be investigated which kind of exit taxes exist in the field of corporate income tax. The Dutch corporate income tax will be used as an example. First, the author analyses the exit taxes from a domestic legislation and a tax treaty point of view. Dutch legislation provides for an immediate taxation over the hidden reserves of the assets/liabilities of a company that migrates and, as a result, is no longer effectively taxable in the Netherlands. Subsequently, it is being investigated whether levying an exit tax is a forbidden infringement on the freedoms of the Treaty on the Functioning of the European Union (TFEU). The author comes to the conclusion that the exit tax forms an infringement on the freedom of residence, but that the preservation of the balanced allocation of taxing power forms a justification. However, the exit tax provisions are not proportional: a mechanism with, for example, a preservative assessment would be more proportional. However, because of the unclarity regarding the application of the proportionality principle by the ECJ, it could be that the ECJ will accept an immediate taxation upon exit and will not force the Netherlands to introduce a preservative assessment mechanism in the field of corporate income tax.

Pravni položaj državljana trećih zemalja u Evropskoj uniji

The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.

In re Coll (No. 2).

Aliens — Treatment of — Freedom of Residence — Compatibility with Requirement of Residence Permit — Treaties — Relation to Municipal Law.