Respect For Fundamental Rights Research Articles

Academic Freedom and Patterns of Self-Censorship in Psychology Education in Turkey

Background The recent academic purge in Turkey eventuated by a twin wave starting in January 2016 was unprecedented. Two years of statutory rule after the July 2016 failed coup further damaged the rule of law. Even the legal authorities did not respect fundamental human rights. Psychology faculty had to keep a low profile to avoid further encroachments. Objective The purpose of this study was to assess the extent to which psychology faculty discerned research and teaching-bound sociopolitical risks and exercised mitigation strategies. Method Sixty-three faculty responded to a questionnaire assessing risk appraisals and mitigation appeals countering threats to their research and teaching. Results Faculty remained inactive against high-risk appraisal in research and appealed to avoidance or vagueness when their risk appraisals were moderate. By contrast, avoidance was the primary strategy, compared to vagueness or inaction, in risk-bearing teaching. Conclusion Faculty try to cope with the adverse negative intellectual climate by being highly selective in their research and teaching. They appeal to differential strategies in either domain. Teaching Implications Research in risk apprehension and mitigation along with studies highlighting shared experiences may inform psychology departments on how to proceed under antagonistic circumstances.

The Role of Frontex and Easo in the Field of Asylum Policies and the Guarantee of Respecting People's Rights and Integrity

In the Treaty on the Functioning of the European Union (TFEU), in CHAPTER V titled "Area of freedom, security and justice" it has recognized the competence of the topic of immigration which has gone through an important process of agentization, as has happened with many policies of other EU countries. The role of the European Union in answering the questions and problems posed by migratory flows, affecting the countries that are part of it, has been for many months one of the elements of the major debate within the European institutions, between the states and, obviously. , within them, with significant consequences on the political level. Despite the inevitable and many difficulties - the basic and inalienable rights of those who come to a certain country and those of those who have lived there for a long time and have a good reason to wait, the Stockholm Program of adopted by the European Council aims precisely to face the challenge of "guaranteeing respect for fundamental rights and freedoms and the integrity of people, while at the same time guaranteeing security in Europe". This should be supported, among others, by the development and implementation of policies to control and combat irregular and clandestine immigration, improving cooperation with third countries (of origin and transit of migrants), the objective of reaching a system of common asylum applying the principle of solidarity between member states in accordance with the article. 67, par. 2, which should lead to "the further analysis and development of mechanisms for the voluntary and coordinated sharing of responsibilities between Member States". European agencies represent an important part of the Union's institutional mechanism. FRONTEX and EASO were presented as tools to facilitate or strengthen cooperation operational between the authorities of the Member States. However, the activities they perform go beyond simple coordination, as they have acquired characteristics that can have negative consequences for others. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024

It’s (not only) the economy, stupid: examining the European Central Bank’s marginal attention to the human and social implications of austerity during the euro-area crisis through the lens of organizational culture

ABSTRACT Since the global financial crisis central banks expanded their roles and responsibilities and their impact on the economy and society grew significantly. Thus, during the euro-area crisis, the European Central Bank (ECB) engaged in decisions with profound human and societal implications while turning a blind eye towards them. The Bank’s dismissive approach is remarkable given EU institutions duty to respect fundamental rights, and EU’s identity as a human rights protector. Building on literature and interviews with ECB officials, this work suggests that organizational cultural features, i.e. mainstream economic thinking and narrow mandate interpretation steered the Bank towards overlooking the impact of its policies on EU citizens’ rights. While much has been written about central banks and organizational culture, the two spheres have rarely been connected in research. This research addresses the intersection between the two and calls for broader perspective to consider a wider range of factors influencing economic policies.

The Questionable Independence of Polish Assessors and Its Effects on the European Legal Order

This article critically analyses the Polish institution of assessor (junior judge) and the impact of hampering this institution’s independence on decisions of other European courts. Using the dogmatic-legal method, the authors conclude that procedures of nominating assessors and ending their periods of service do not respect the right to a fair trial guaranteed in the European Convention on Human Rights, and in EU law. Assessors adjudicate mainly in a one-person bench. Thus, although under EU law states should only exceptionally verify if decisions made by other states respect fundamental rights, such verifications may become routine.

The EU Artificial Intelligence (AI) Act: An Introduction

As part of its digital strategy, the European Commission proposed the world’s first-ever comprehensive legal framework on AI in April 2021. In December 2023, the Council and the Parliament reached a political agreement on the EU’s new Artificial Intelligence Act (AI Act). The AI Act follows a risk-based approach and aims to ensure that AI systems placed on or used in the EU market are safe and respect fundamental rights. The AI Act is expected to become a model for AI governance worldwide in a similar way that the General Data Protection Regulation (GDPR) has influenced data protection regulation beyond European borders. While technical negotiations on the final text are ongoing and the final wording of the provisional agreement is not yet public, this article aims at providing a detailed overview and analysis of the upcoming provisions and requirements of the AI Act based on public (and some non-public) reports and press releases on the political agreement reached by the Council and the Parliament. AI Act, EU, Artificial Intelligence, AI, AI Systems, High-Risk, General Purpose, GPAI, Generative AI, Foundation Models, ChatGPT

The respect of Fundamental Rights in the EU bank resolution legal framework

Abstract The shift in bank resolution paradigm towards bail-in has repercussions over those who see their sphere of fundamental rights affected by measures adopted in the name of the public good. The EU bank resolution framework is sensitive to these concerns, and seeks to reconcile the private and public interests at stake – at times, a difficult pursuit.

CONSTITUTIONAL AND INTERNATIONAL LEGAL CONDITIONS FOR CIVIC EDUCATION IN THE ITALIAN EDUCATIONAL SYSTEM (PROLEGOMENA)

At European level, civic education is enshrined in the Treaty of Lisbon. This treaty confirms the concept of European citizenship. In particular, Art. 9 of the Treaty states that everyone who holds the nationality of an EU Member State is also a citizen of the European Union. Furthermore, Art. 2 of the Treaty establishes the imperative of respect for fundamental rights, including freedom, democracy, equality and solidarity. In Italy, civic education is already enshrined (albeit indirectly) in the Constitution of the Italian Republic. Art. 3 of the Italian Constitution establishes the principle of equality of all citizens before the law, regardless of sex, race, language, religion, political convictions, personal and social conditions. The effort to respect these values requires an adequate level of civic knowledge and, in addition, a certain sense of responsibility on the part of the inhabitants and, in particular, of the citizens of the Italian Republic. Civic education is essential to meet the challenges of the current national, European and even global context of building civil society. Therefore, the key challenge is to promote civic education and awareness and to support actions that appear to be instrumental in its consolidation.

HUMAN RIGHTS CONTENT OF THE DIGITAL TRANSFORMATION OF THE EUROPEAN UNION

The article examines the fundamental foundations of the European approach to the regulation of digital transformation and the creation of an ideological and theoretical basis for the legal support of digitalization of society in the European Union. The concept of digital humanism, which is gaining more and more popularity, is analyzed and determines the content and direction of the EU policy on creating conditions for the digital transition. It states that digital humanism is a new field that examines the ethical, social, emotional, and political implications of digital technologies for human life. The conceptual design of the human rights approach to the regulation of digitalization in the EU is connected with the adoption of a number of documents, the analysis of which made it possible to determine the specifics of the approach to the regulation of the digital transition in the EU. It claims to be based on the desire to put people at the center of digital transformation, includes references to digital sovereignty, respect for fundamental rights, rule of law and democracy, inclusiveness, accessibility, equality, sustainability, sustainability, security, improved quality of life, accessibility of services, and respect for the rights and aspirations of everyone. It was emphasized that the European regulatory model of digital transformation, focused on a human rights approach, is supported by the world community and is being implemented on a global scale. This is due to the so-called Brussels effect, which consists in the spread of EU internal regulatory rules at the global level.

Erosion of the Principle of Mutual Recognition. European Arrest Warrant and the Principle of Mutual Recognition in the Light of the Recent CJEU Rulings

An effective implementation of mutual recognition in the Area of Freedom, Security, and Justice requires mutual trust between the Member State. Mutual trust has been eroded in some Member States due to the rule of law crisis. However, it is not only the rule of law crisis, but also the departure of the Member States from the shared values of respect for fundamental rights, as well as the differences in the prosecutorial systems of individual Member States, that have caused changes in the perception of the principle of mutual recognition. This paper will examine the evolving approach to the principle of mutual recognition based on the recent Court of Justice of the European Union rulings on the European arrest warrant. The analysis concludes that the CJEU attaches more importance to the protection of the principle of mutual recognition, the prosecution of perpetrators of crime, and the unwavering presumption of respect for fundamental rights by the Member states than to the effective protection of fundamental rights.

“Systemic Violations” in EU Asylum Law: Cover or Catalyst?

AbstractThe concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and policy. One role is linked with the functioning of the principle of mutual trust, a principle that obliges Member States to recognise each others’ systems and decisions, presuming them to be legal, apart from exceptional cases. In this context, the principle sets the standard from when the presumption of legality is rebutted. In its conceptualisation and application, it is in tension with European human rights law, and, for a period, set up frictions between the CJEU (in NS/ME and Opinion 2/13) and the ECtHR (in MSS and Tarakhel). This tale of judicial frictions is not merely of historical interest. Its legacy is, we conclude, a thin concept of systemic breach, characterised by an over-individualized approach to assessing the human rights risks. The second role for the concept of systemic violations relates to embedded violations, including at the EU’s external borders. We demonstrate the utility of this other invocation, in particular as systemic breaches often signal deeper rule of law issues both within particular national systems and embedded within the Common European Asylum System (CEAS). We illustrate that the CEAS itself brings about systemic human rights violations. Identifying and responding to the “systemic” in asylum increasingly relates to the credibility of the EU as a Union based on the respect for fundamental rights and the rule of law.

The missing piece. The perceived marginalization of CSOs and HRGs in SOSTs' decision-making processes: a review.

This review represents the first contribution of a research diptych which stems from the activities implemented in the framework of the H2020 ARESIBO project (Augmented Reality Enriched Situation awareness for Border security). The general objective of ARESIBO is to improve the efficiency of border surveillance systems by providing the operational teams, as well as the tactical command and control level with accurate and comprehensive information related to border control considering different issues and perspectives. These perspectives also include the analysis of the level of engagement and the (possible) enhancement of citizens' involvement in the development and decision making related to border surveillance. The principal human rights and migration International Organisations (IOs), as well as EU institutions dealing with security and external borders (i.e., Frontex), agree and state that human rights groups (HRGs) and civil society organisations (CSOs) should be more involved and integrated in border surveillance. That stated, the main goal of this paper is to analyse this perceived marginalisation of CSOs and HRGs, as it emerges from several HRGs' and CSOs' statements on that regard in order to explore the reasons of this perceived marginalisation, as well as the elements that on the contrary seem to make this marginalisation less substantial. The results of this non-systematic review in the framework of ARESIBO led to the elaboration of an innovative participatory model that will be analysed in detail in the second article of this research diptych, entitled "Towards the engagement of citizens in SOSTs decision-making: participatory models setting a common ground for border surveillance and respect of fundamental rights. The case of ARESIBO H2020 project".

(Dis)Respect for Fundamental Rights in EU Competition Law Enforcement Proceedings Before National Authorities: In What Way Does Article 3 of the ECN+ Directive Prove To Be too Open-Ended?

The ECN+ Directive gives national competition authorities more power in order to make them more effective enforcers of EU competition law. However, Art. 3 of the ECN+ Directive counterbalances this by requiring that appropriate safeguards are in place to ensure that undertakings’ fundamental rights are respected in EU competition law enforcement proceedings. The aim of this article is to critically reflect on the requirements of the ECN+ Directive with respect to safeguards for the fundamental rights that fall within the ambit of Art. 3 of the ECN+ Directive and the implementation of those requirements by EU Member States. To this end, the article first provides an overview of this provision. Second, by means of an overview of national laws, it analyses whether the very general Art. 3 is capable of harmonising the safeguards in question. A set of comparative examples from EU Member States, including in particular examples Poland and the Czech Republic, shows how the wording of Art. 3 invites national legislatures to misuse the potential of this provision. This results in undertakings continuing to face disparity in the extent to which their fundamental rights are protected in competition law enforcement proceedings before the various national competition authorities.

Surveillance within the Law: A Critique of the Legal Framework for Surveillance of Digital Communications by Law Enforcement Authorities in Botswana

Abstract Surveillance of digital communications invokes both commendation and criticism. Whereas it may serve justifiable and legitimate purposes, it is also susceptible to abuse if it is undertaken in the absence of adequate safeguards. In 2022, Botswana enacted the Criminal Procedure and Evidence (Controlled Investigations) Act. The Act is intended to regulate the surveillance of digital communications for law enforcement purposes. This article assesses whether the Act provides adequate procedural safeguards to protect against undue infringement of fundamental rights, particularly, the right to privacy. In this regard, the article examines how the constitutionally entrenched right to privacy has been interpreted and applied by the courts in Botswana. Consequently, the article interrogates whether the surveillance of digital communications under the auspices of the Criminal Procedure and Evidence (Controlled Investigations) Act falls within the parameters of justifiable inroads into the right to privacy. The analysis of the Act is undertaken drawing inspiration from international jurisprudence on how to balance the necessity for surveillance with respect for fundamental rights.

Evaluating the Role of Celebrity Endorsements in the Success of ENDSARS Protests in Nigeria

Police brutality or excessive of force by law enforcement can be legally define as a civic right violation, where law enforcement agencies officers exercise due force against a subject. Use for torture as interrogative technique and other wanton abuses of human rights remain some of the major flaws of Nigeria police force which has attracted public odium, opprobrium, and condemnation to the force. Torture described as one of the most extreme forms of violence, resulting to both psychological and physical consequences, is sometimes considered as an indispensible interrogation mechanism for mechanism for gathering strategic intelligence. Afeez(2020) worried by the incessant reports of human right abuse of the member of the police force, the former inspector-General of police, Ibrahim Idris, once warmed the special Anti-Rubbery Squad operative against torture and extrajudicial killings, saying “no policeman in the world had the right or authority to kill crime suspects.” He admonished the SARS personnel to always respect the right of every Nigerian, noting that this was the way they could change the negative public perception about them.Protest against police brutality previously have arisen in Nigeria, as advocates and researchers have documented extensive evidence of human rights abuses by SARS officers and other NPE personnel. In a 2016 report, Amnesty international asserted that SARS officer routinely committed torture and other abuses against detainees, many of whom were arrested arbitrarily, detained in communication, and forces to “confess” or pay bribes to secure release.The EndSARS movement began in 2017, as Nigerians shared experience of police brutality via social media and demonstrated in several cities to call for SARS’s dissolution. In response to those protests, the government pledged an “immediate reorganization” of SARS and an investigation into allegations against the unit. Reported abuses nevertheless persisted. In June 2020, Amnesty International remained pervasive. The 2020 End SARS protest have been noteworthy for their size, direction, and reach. Demonstration began in early October and intensified as celebrities all over the world expressed support for the protesters and as a government crackdown on marchers in mid-October provoked further demonstrations. Many activist deemed the disbanding of SARS on October 11th as inadequate, comparing it to past reforms that broadly failed to curb SARS misconducts, some also have called for broader governance improvements.Ajeez (2020) stated that as unrest continued, governors in several state have imposed curfews or banned protesters. On October 20, army and police reportedly used live fire to disperse demonstrators in Lekki and Alusa areas of Lagos, Nigerian’s commercial capital, killing several and injuring hundreds. Various world leaders criticized the crackdown; on October 22, secretary of state Micheal Pomped condemned the use of excessive force by military forces who fired on unarmed demonstrators in Lagos” calling for Nigerian security services to show maximum restraint and respect fundamental rights for demonstrators to remain peaceful.Therefore, international bodies and personalities tends to hear of this brutality in real time, because the awareness and role/ function were created by social media of which most of these international bodies participated through. Media platform handles. It is therefore upon this foundation that the society seek to examine and evaluated the role of social media in the success of EndSARS protest.

EUROPEAN BORDER AND COAST GUARD STANDING CORPS CATEGORY 1 BASIC TRAINING TOPICALITIES IN ENSURING THE EU BORDER SECURITY

Establishment of the European Border and Coast Guard Standing Corps Category 1 has been recently the most visible change in the European approach in the management of the EU external borders. The political decision of the EU to have its own law enforcement officers for border protection and migration management and return-related tasks, has manifested a paradigm shift, also in training and education. The European Border and Coast Guard Agency (Frontex) has a leading role in capacity building, for example in terms of providing training for the members of the Category 1. The Agency Regulation provides a legal basis for the statutory staff of the Standing Corps, in particular highlighting the importance of training based on common values and culture, and respect of fundamental rights. The European dimension of the Standing Corps training is underpinned by the legal and ethical responsibilities of the Agency to ensure that the members of the Standing Corps are well trained and fully prepared to perform tasks with executive powers. The main aim of the paper is to explore the establishment of standing corps from the perspective of basic training. The context presented supports the thesis that the initial training serves as the foundation of public agreement and investment for common safety and security. The paper builds upon hands-on experience of the author and draws the general conclusion to prove the thesis based on the legal instruments presented and implementation of basic training editions.

The missing piece. The perceived marginalization of CSOs and HRGs in SOSTs’ decision-making processes: a review

This review represents the first contribution of a research diptych which stems from the activities implemented in the framework of the H2020 ARESIBO project (Augmented Reality Enriched Situation awareness for Border security). The general objective of ARESIBO is to improve the efficiency of border surveillance systems by providing the operational teams, as well as the tactical command and control level with accurate and comprehensive information related to border control considering different issues and perspectives. These perspectives also include the analysis of the level of engagement and the (possible) enhancement of citizens’ involvement in the development and decision making related to border surveillance. The principal human rights and migration International Organisations (IOs), as well as EU institutions dealing with security and external borders (i.e., Frontex), agree and state that human rights groups (HRGs) and civil society organisations (CSOs) should be more involved and integrated in border surveillance. That stated, the main goal of this paper is to analyse this perceived marginalisation of CSOs and HRGs, as it emerges from several HRGs’ and CSOs’ statements on that regard in order to explore the reasons of this perceived marginalisation, as well as the elements that on the contrary seem to make this marginalisation less sustantial. The results of this systematic review in the framework of ARESIBO led to the elaboration of an innovative participatory model that will be analysed in detail in the second article of this research diptych, entitled “Towards the engagement of citizens in SOSTs decision-making: participatory models setting a common ground for border surveillance and respect of fundamental rights. The case of ARESIBO H2020 project”.

Towards the engagement of citizens in SOSTs decision-making: participatory models setting a common ground for border surveillance and respect of fundamental rights. Findings from ARESIBO H2020 project

ARESIBO is an H2020 project aiming to improve the efficiency of border surveillance systems by providing the operational teams, as well as the tactical command and control level with accurate and comprehensive information related to border control by different perspectives. Human Rights Groups’ (HRGs) and Civil Society Organisations’ (CSOs) involvement and participation in decision making related Surveillance-Oriented Security Technologies (SOSTs) for border surveillance is considered as a key-factor to ensure the coexistence of two only apparently opposite needs: security and respect of fundamental rights (i.e., privacy, refugees etc.). Starting from this general approach, the paper represents the second part of a research diptych dedicated to present the main achievements and methods proposed by ARESIBO to enhance participation in border surveillance. It outlines the ARESIBO Participatory Model (APM) as a tool to improve HRGs, CSOs, and ultimately citizens’ involvement related to border surveillance in general and the adoption of specific SOSTs for borders’ control. The first part of the paper introduces some key elements included in the ARESIBO desk research that led to the elaboration of the APM (i.e., literature review, semantic analysis), describing who were the targets of that approach (i.e., stakeholders, end-users, actors). After a contextualization on the three interlaced dimensions of surveillance, security and privacy related borders’ control, the paper presents the three components of the methodological framework within which this citizens’ involvement process has been developed (i.e., ARESIBO Participation Framework, ARESIBO Participation Strategy, ARESIBO Participation Action Plan). In the conclusions, by outlining the first partial application of the model within the ARESIBO framework, the paper argues that APM can represent a pilot for a more structured and duplicable participatory model, also through additional research regarding participatory models applied to SOSTs development processes.

Integration (of Immigrants) in the European Union: A Controversial Concept

Abstract Integration is one of the major challenges posed to the European Union by the immigration of third-country nationals. And it is even more so in view of the mass influx of displaced persons stemming from the Russian military invasion of Ukraine. This article discusses the controversial concept of (immigrant) integration underpinned by the current EU legal and policy framework. It argues that, on the one hand, the concept of integration resulting from instruments of primary and secondary EU legislation, soft law and policy is inspired by the respect for fundamental rights and prohibition of discrimination. On the other hand, it stresses that the EU action mainly aims at preserving Member States’ sovereignty over immigration. The resulting EU normative framework for integration, including the newly adopted EU Blue Card Directive and the extension of temporary protection for Ukrainian refugees, allows and encourages the strategic selection of the most socio-economically and culturally desirable immigrants.

Kryzys strefy euro i nowe wyzwania dla demokracji i praw podstawowych w Unii Europejskiej

The outbreak of the global financial crisis in 2007 exposed numerous structural flaws in the architecture of the euro area. From today’s perspective, it is known that without quick action going beyond the legal framework of the treaties and the competences of EU bodies, the euro area would most likely collapse. These design flaws are slowly being removed through the implementation of “unconventional” monetary policies conducted by the European Central Bank, as well as by new institutional tools aimed at increasing the coordination of economic policies and supervision over the financial condition of individual euro area Member States. With these changes, fundamental questions have arisen about the legitimacy of emergency reforms. The state of emergency has been lifted, but questions about the legitimacy of the new competences and methods in overseeing the euro area leave doubts as to their compliance with the principles of democracy and respect for fundamental rights. The aim of the article is to present the challenges related to the current and postulated shape of the Eurozone reforms seen through the prism of European fundamental values, i.e. democracy and human rights.

Education for Citizenship – A Step Towards Democracy

This article encompasses an interdisciplinary approach regarding the concept of education for citizenship which has multiple implications in the contemporary world. Thus, the paper tries to highlight the close connection which establishes between the citizen and the state, due to the citizenship status one acquires and to emphasize how important it is to educate the individual in terms of assuming this status. The main purpose of this type of new education is to approach citizenship and its advantages with a great sense of awareness, permanently trying to promote the contouring of an identity oriented towards democracy and a set of principles centered on respect for fundamental rights and freedoms and the rule of law. Concomitantly, the paper aims to define education, the „new educations” and to also underline the legal approach regarding education for citizenship as it was foreseen recently in the European recommendations as well as the way in which the Romanian legal provisions were harmonized accordingly.