Standards Of Human Rights Protection Research Articles

Striking a balance: the interplay of CJEU rulings and international human rights obligation with national constitutional identities

The article examines approaches to the interaction of decisions of the Court of the European Union (CJEU) and international obligations in the field of human rights with the constitutional identity of states. Attention is focused on the concepts of “national identity” and “constitutional identity”, their relationship, and the introduction of the concept of “national identity” into the European legal order after the signing of the Maastricht Treaty (1993). Attention is drawn to the fact that the primary law of the EU does not contain the concept of “constitutional identity”, but this term is widely used in the decisions of the constitutional courts of several EU member states. In these decisions, the constitutional courts raised the issue of the protection of the constitution and constitutionality in the EU member state given the harmonization of legislation and/ or ultra vires decisions.
 The article notes that the concept of constitutional identity is broad, it covers the historical, political, cultural, and legal identity of the state, as well as the connection of national law with the international and autonomous legal order of the EU. The idea of constitutional identity is dynamic and constantly evolving due to the continuous development of the states themselves.
 The analysis of various approaches to this interaction based on the German Federal Constitutional Court, Hungarian Constitutional Court, and Italian Constitutional Court was carried out. It is noted that the interaction of CJEU rulings with constitutional identities is based on the principle of primacy of the EU law, and international human rights obligations are based on the conventional feature of the “obligation of uniform interpretation” and universal standards while ignoring the constitutional tradition of the states. It means that CJEU judgments have a higher legal force than national court judgments, while international human rights obligations should become precedents for subsequent national court judgments, not lowering the national standards of human rights protection.

Implementation of the Principle of Mutual Trust in the Migration Cases by the Court of Justice of the European Union and the European Court of Human Rights

Introduction. The article examines the positive and negative aspects of the application of the «principle of mutual trust» within the framework of European Union law. The positive features of the application of the «principle of mutual trust» include simplification of procedural aspects of the application of the law, strengthening of interaction between member states of the European Union, as well as harmonization of legislation. At the same time, the application of this principle by EU member states with low standards of human rights protection leads to their violation. The author's research shows that the case law of the European Court of Human Rights, criticizing the negative aspects of the «principle of mutual trust»,v led to its evolution and strengthened the level of protection of the rights and freedoms of European union’s citizens as well as it strengthened the interaction between the EU Court and the ECHR.Materials and methods. The methodological ground of the study based on the following general scientific and special methods of the recognition of legal phenomena and processes in the field of European law: the method of system-structural analysis, the method of synthesis of social phenomena, the comparative legal method, the formal logical method. For certain questions, statistical data was involved in the study. To identify further vectors for the development of interaction between judicial bodies used the content analysis.Results of the study. Based on the results of the study, the author comes to the conclusion that the evolution in the interaction of the two judicial institutions in the field of protection of the rights and freedoms of migrants and the rethinking of the principle of mutual trust are caused by the relaunching of the dialogue on the accession of the European Union to the European Convention of fundamental rights 1950 and by the deep awareness of the high significance of such accession for the protection of human rights and fundamental freedoms in Europe.Discussion and conclusions. The principle of mutual trust is still a key point in building a trustful relationship between the Court of Justice of the European Union and the European Court of Human Rights. Currently, these judicial bodies have reached the highest level of convergence, which can be seen in the analysis of law enforcement practice.

Considerations on the ratification of protocol no. 16 to the European convention on human rights by the Republic of Moldova

Harmonising standards of human rights protection is one of the main aims of the European Court of Human Rights. However, one problem the institution faces is the large number of applications lodged by nationals of High Contracting Parties. According to the latest official figures, 75 650 applications are pending before the Strasbourg court. In other words, the Court has become the victim of its own success. One of the solutions to this problem is the adoption of a consultative mechanism through which judicial dialogue between the Court and the European supreme courts is strengthened. The mechanism in question was established by Protocol No. 16 to the Convention, which is to be ratified by the Republic of Moldova. It would be an important tool for national judicial authorities in strengthening the rule of law and achieving a higher level of human rights protection.

Religion, citizenship and migration: beyond the ‘West versus non-West’ approach

SUMMARY: 1. Religion and citizenship - 2. Religion and migration - 3. The controversial stance on religion, citizens and migrants - 4. Promoting Western values or international standards of human rights protection? - 5. Concluding remarks.
 ABSTRACT: In a controversy concerning the legitimacy of the wearing of the Sikh kirpan in the public space, the Italian Court of Cassation stated that immigrants have the obligation to conform their values to those of the Western world. This is but one case when a migrant’s religion has been assumed - in the public and political debate and in courts - to draw a line between what belongs to the Western civilization and what does not. This paper aims to challenge the ‘West versus non-West’ approach, by examining the interplay between religion, citizenship and migration, and by stressing that democratic countries are such only as long as they remain pluralist and accommodate diversity. Although limitations on unacceptable manifestations of religion do apply, these must pursue only legitimate aims under international standards, which do not include such a thing as the protection of Western values.

Freedom of Assembly in the COVID-19 Pandemic and the Limits of its Restraints in the Context of the Experiences of the Republic of Poland and the United States of America

Abstract The aim of the study is to illustrate the problem of freedom of assembly during the COVID-19 pandemic against the background of the experiences of the Republic of Poland and the United States of America. This freedom is provided for in the constitutions of both states, which implies that public authorities are obliged to implement it also in COVID-19 conditions. Hence, the question arises as to whether, and if so to what extent, public authorities in Poland and the United States (countries belonging to the United Nations and obliged to consider the standards of human rights protection resulting from international law) applied solutions realising freedom of assembly in the conditions of COVID-19. The authors try to determine the extent of the impact of legal measures applied by public authorities in both countries on the realisation of freedom of assembly and the public reaction produced by these measures. The choice of such a context for assessment was justified by differences in the legal culture of the countries being compared, the structure of the state, and the approach of both the public authorities and the society to freedom of assembly.

So-called “dangerous prisoners” – selected issues from the perspective of individual’s rights protection

The issue of “dangerous” prisoners is of utmost importance, mainly regarding the restrictions imposed on offenders of this category. The restrictions in question introduce significant limitations of the statutory rights of individuals and alter the purposes of the penalty of deprivation of liberty. For this reason, it is necessary to align the Polish law, and above all penitentiary practice, with the international standards of human rights protection. This paper analyses both the Polish legislation and practice in terms of the qualification and treatment of “dangerous” prisoners . The paper points to the obscurity of certain legal regulations and the broad limits of discretion in applying and extending “dangerous prisoner” status. Furthermore, the paper evaluates the concept of distinguishing the category of “dangerous prisoners” and the operation of “N” wards from the perspective of the impact that such heightened isolation exerts on the individual, but also on the society and the penal institution .

Multinationals and supply chains: Key aspects of a new strategy for eliminating modern slavery

One of the most recent strategies to ensure the observance of human rights, including labor rights, consists of acting on transnational companies and the networks they form, radiating standards of human rights protection through supply chains. This strategy is an expression of so-called “refexive law” and makes use of hard law to regulate the operation of these companies. First, the author sets out the steps taken in international regulations and in various state-made legislations in this field, highlighting the pioneering nature of US legislation, the transcendence of the English model, and especially French legislation, in this latter case for inaugurating a more substantive due diligence requirement. And, based on a comparative analysis of these and other legislations, as well as on a series of reports of relevance in this area, the author highlights diğerent functions that this legislation holds (to protect human rights, fair competition and a general public interest beyond those aspects). The author also shows the evolution that this legislation has undergone over time. Finally, the author presents the most relevant questions and options for dealing with them, favoring a regulatory “pattern” to be followed by state or supranational legislation that has not yet dealt with this issue or to pay attention by those others which, having regulated it, identifies possible gaps to be filled in.

Konfiskata mienia obowiązująca na gruncie kodeksu karnego PRL jako instrument totalitarnego systemu komunistycznej dyktatury

Confiscation of property, understood as depriving the perpetrator of a crime (as well as third parties not involved in criminal practice) of all or part of their property, regardless of whether it was derived from criminal activity or was collected legally, is one of the most painful means of criminal law response in history. From the perspective of today’s standards of human rights protection, it appears unacceptable and contrary to the guarantee function of criminal law. As the analysis of past regulations shows, this measure was used with pleasure in totalitarian states (for example in Nazi Germany and the Soviet Union) as an instrument of fighting political opponents, which was to occur through economic repression, often leading to material annihilation. Confiscation of property was also in force under the Criminal Code of the Polish People’s Republic. The official ratio legis of this institution was seen in the fight against crime against social property. However, an analysis of the practical application of this institution leads to the conclusion that it was not the only goal of the then legislator. The aim of this article is therefore to analyze the institution of confiscation of property in force under the 1969 Criminal Code, and in the longer term to find an answer to the question of whether this regulation was an instrument of the totalitarian system of the communist dictatorship.

Topical problems of legislative regulation of defense mandatory participation in criminal proceeding

For a certain category of persons in particular cases legislator provides for a special procedure of criminal proceedings as well as mandatory participation of a defender (Article 52, The Code of Criminal Procedure) to create additional person defense guarantees in criminal proceedings. The article is devoted to study of problem aspects of legislative regulation of defense mandatory participation in criminal proceedings. The importance of defense mandatory participation is emphasized as rendering legal aid to a person in criminal proceedings.
 This article is devoted to study the importance of the mandatory participation of a defender in criminal proceedings and on the basis of obtained data, with due consideration of international standards of human rights protection in criminal proceedings, to submit substantiated author’s proposals as regards the expansion of the circle of grounds for the mandatory participation of a defender in Ukrainian criminal proceedings.
 Within the topic of study we analyzed criminal procedural legislation in force, research works in this area, decisions of European Court oh Human Rights, aiming to reveal deficiencies in law and submit author’s proposals as regards their elimination.
 According to normative sense of Article 52, The Code of Criminal Procedure of Ukraine, the article gives classification of the grounds for mandatory participation of a defender depending on: 1) consideration of severity of a crime; 2) consideration of personal data of a defendant held criminally liable; 3) peculiarities of criminal proceedings.
 Proposals are presented aimed to improve legislative regulation of Ukrainian criminal procedural law. It is proposed to add one more reason connected to the circumstance that the defendant denies suspicion against him/her and/or denies his/her guilt in commission of criminal offense. The proposal consists in addition to Article 52, Part 2, The Code of Criminal Procedure of Ukraine of new Item 10 postulating the mandatory participation of a defender in criminal proceedings against persons who deny a suspicion as specified in Suspicion Notice on deny pleading guilty at court session.

INTRODUCTION OF EUROPEAN HUMAN RIGHTS STANDARDS INTO THE NATIONAL JUDICIAL PROTECTION SYSTEM

The article analyzes the basic European standards for the formation of a modern system of public administration in view of the guarantees of judicial protection of human rights. A scientific and theoretical study of the formation and implementation of European standards for the protection of human rights, identified optimal ways to implement them in the modern system of public administration in Ukraine. The necessity of observance of human rights and their proper protection by the state as a criterion of the indicator of efficiency of the power is argued. The urgent need for further adaptation of the current national legislation in accordance with European standards, as important factors in the successful implementation of European aspirations of the state, as the European integration of Ukraine is a long-term strategic guideline. It is emphasized that the proper provision of human rights protection, guarantees and protection mechanisms form the humanistic nature of human-state relations, their interaction, as well as a real prospect for further development towards the introduction of new European standards of human rights protection. human rights is an urgent task of a state that has declared itself a democratic, social and legal state and has recognized human rights and their guarantees as determining the content and direction of its activities. European standards in the field of human rights protection are analyzed, which gives grounds to conclude that there are international stereotypes in the field of human rights protection, which have received international recognition and are enshrined in international regulations as binding agreements. It is emphasized that an important direction in the formation of a modern model of public administration is the development and implementation of such a management paradigm, which would aim at the proper implementation of judicial protection of human rights in public relations.

Presude Evropskog suda za ljudska prava protiv Republike Srbije o primeni genetskog testiranja u paternitetskim parnicama

The case law of the European Court of Human Rights is of great importance for the formulation of human rights standards as it applies the European Convention on Human Rights by interpreting the prescribed rights and freedoms taking into account social reality and legal regulation in Council of Europe member states. When joining this political organization the Republic of Serbia carried out the procedures of adjusting the legislation to the convention requirements, so that, in normative sense, Serbian family law systematically follows modern standards of human rights protection. The decisions of the Court in cases in which the issues of establishing paternity was applied by DNA analysis are conditioned by the circumstances of each individual case. In this paper reasearch is devoted to the two judgments of the European Court of Human Rights versus Republic of Serbia on determining the origin of the child from the father judgments that have a family law in the narrow sense in which Court took the position that domestic legislation did not take into account the relevant elements of the case, the possibility to establish a balance of relevant interests when determing the identity of the biological father regarding DNA analysis. By definition genetic testing implies the analysis of one genome and its products, its function or DNA or chromosomal analysis aimed at identifying or contradicting certain facts. This method involves comparing the DNA profile of a child with DNA profile of the potential father by comparing locus - specific gene location or DNA region on chromosome - which differ in their structure and length, so that non-blood person have different structure of the molecule in each analyzed locus, while biological relatives have the same structure. This means that their DNA profiles have visible traces of genetic heritage. Although every person has a vital interest in finding out information that complete his/her own knowledge of his/her background it is important to know that third party protection can prevent him/her from being forced into medical testing of any kind, including DNA analysis. Member States have different solutions to deal with in cases where a potential father refuses to undergo tests necessary to establish facts of a biological origin. In some jurisdictions non-compliance with medical testing is sanctioned by monetary or imprisonment penalty, while in others it is for the failure to act on a warrant the court activates the presumption of paternity. When paternity cannot be determined by DNA analysis, Member States must provide the determination of paternity by alternative means of evidence taking into account the existence of a fair balance between the right to know the origin and the right of potential father not to undergo this type of medical expertise.

ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ У ВИДІ ДОВІЧНОГО ПОЗБАВЛЕННЯ ВОЛІ: ВІТЧИЗНЯНІ РЕАЛІЇ ТА ПЕРСПЕКТИВИ ВДОСКОНАЛЕННЯ

The article is dedicated to the analysis of the domestic legislation on release from serving a sentence in the form of life imprisonment. It has been found out that life imprisonment is the most severe type of punishment in many countries of the world. This fact leads to lively scientific and practical discussions around the legal regulation of certain aspects of its implementing and serving. The issue of release from serving this type of punishment is especially acute, as human rights organizations emphasize the lack of an effective mechanism for release from serving a sentence in the form of life imprisonment in Ukraine, which contradicts not only a number of international normative and legal acts but also the basic principles of a democratic society which should not deny a person in the opportunity to re-socialize. A review of international norms relating to this area of legal relations is maintained. The main models of release from serving a sentence in the form of life imprisonment on the example of foreign experience are considered. It is concluded that the current model of release from serving a sentence in the form of life imprisonment in Ukraine is inconsistent with the provisions of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of humanism, and therefore has no prospects for further development and requires significant transformation, because the institution of presidential pardon is rather exceptional and does not create a really functioning mechanism of release from serving a sentence in the form of life imprisonment, but only creates additional problems in the law enforcement process. These shortcomings of the existing model of release from serving a sentence in the form of life imprisonment in Ukraine have been highlighted, in particular, by the European Court of Human Rights. It is substantiated that the current initiatives aimed at making changes in this area at the level of normative and legal acts are an important but insufficient step to solve this problem. Therefore, the relevant amendments should be made in the Criminal and Criminal Executive Codes of Ukraine and further detailed at the sub statutory level. Making such amendments will not only allow to bring the provisions of domestic criminal and criminal-executive legislation in line with high international standards of human rights protection, but also in accordance with the Constitution of Ukraine, which is the Basic Law of our state. Key words: life imprisonment, release from serving a sentence, pardon, legislation, foreign experience.

Elections during COVID-19 Pandemic in the Light of Democratic Values and International Standards of Human Rights Protection

Purpose: The aim of the paper is to establish whether in the light of international standards holding elections during the COVID-19 pandemic at a time resulting from constitutional regulations should be treated as an absolute instrument of protection of democracy and of personal political rights, or should such a circumstance be considered as an extraordinary premise that allows changing the date of the elections. Design/Methodology/Approach: The research was based on the method of interpretation of norms of applicable law and the comparative method was used as subsidiary. In the first part standards of human rights protection and standards of organization of elections resulting from acts constituted by the UN and the Council of Europe are analysed. The second part analyses decisions of selected countries in which election-related activity fell for the period of the COVID-19 pandemic. Findings: Research results have confirmed a thesis according to which in an extraordinary situation, where it is necessary to choose between the value in the form of human life and health and the implementation of political rights, priority should be given to the former. Practical Implications: The research presented in this paper is of a particularly significant dimension. On the one hand, it points to the absence of real preparedness of national legal orders for extraordinary situations which threaten not only the operation of states as organizations, but also human life. Secondly, they point out how states may handle such situations in the absence of solutions at the constitutional or statute level. This issue is so significant because situations similar to the COVID-19 pandemic may occur also in the future. The experience to-date may thus become a sui generis determinant for activity in the future and provide an impulse to amend regulations. Originality/Value: According to the authors the pandemic, as a state in which public life and health becomes threatened requires competent public authorities to take specific organizational and legal measures, sometimes also in reference to fundamental principles of the functioning of the state and the entire administrating apparatus.

СУЧАСНА ЗАГАЛЬНА ТЕОРІЯ ПРАВА ТА ДЕРЖАВИ: ТЕНДЕНЦІЇ РОЗВИТКУ

The article deals with the main features of the modern general theory of law as a discipline taught to law students and as a legal science. It is established that the theory of law develops in the direction of the implementation of general theoretical provisions, the fundamentalisation of the study of basic provisions of the theory of law, pluralization of approaches to the study of legal phenomena and structures, the extension of the subject of study (the content and forms of general theoretical disciplines), the combination of theory of law and philosophy of law. The presence of common tendencies in the general theory of law is justified by examples of the use of general theoretical provisions in the law-making, law-interpreting and law-enforcement practice. Today, a number of topics are considered inseparable from the law-regulative activity, namely: a normative-legal act, a system of normative-legal acts of Ukraine, law-making, law-interpretation, and law-implementation. Only at the level of the theory of law the ways of interpreting explanations are observed, serving as the ideological basis for interpreting explanations, although they are often referred to in legal interpretative acts as the basis for formulating a certain position. The provisions of the theory of law also apply to law-enforcement activities, such as the defining of an individual legal act and a list of general requirements for law-enforcement. Doctrinal approaches to the structuring of law-enforcement acts today have received their normative fixation in domestic procedural codes. The theory of law does not lose its general and methodological character. Fundamental studies are required for such topics as “Sources of Law”, “Law”, “Legal Act”. In the theory of law, there is widespread pluralism regarding generally accepted theoretical propositions. Advanced study is required for a number of topics within the discipline of “Theory and Philosophy of Law”, such as the topic of “Law-understanding”. The need for a fundamental study of individual issues becomes the objective basis for the introduction of new training courses in the curricula, in particular: “International Standards of Human Rights Protection” and “Legal Logic”. The combination of theory and philosophy of law is formally confirmed at the state standard level. The combination of the fundamental science of law (knowledge, which is offered primarily by the philosophy of law) and the theoretical foundations of legal regulation in modern society (formed precisely at the level of theory of law) is objectively conditioned by the need. The necessity and importance of updating the theory of law as a science (with its subject of study of legal phenomena) as well as educational discipline (which offers initial and conceptual knowledge of law) are stated.

Practical judicialtraining: contribution of the National School of Judges of Ukraine to strengthening corruption prevention mechanisms

The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.

USING THE SAMPLES OF HUMAN BIOLOGICAL MATERIALS IN THE CRIMINAL PROCEDURE: THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

The use of modern advances in medicine to investigate crimes has caused a number of problems that require scientific reflection. In particular, today there are quite acute questions: medical intervention without the person’s consent; forced sampling of human biological materials; clinical methods, the use of which in the biological samples taking will not be regarded as violation of international standards of human rights protection; the correlation of the need for the formation of DNA profile databases and the right of the person to non-disclosure of medical information. The aim: The aim of this work is to identify and analyze the key points of the European Court of Human Rights (hereinafter referred to as the ECHR) regarding the peculiarities of retention and use of human biological material samples in the investigation of crimes, and the retention of such materials after the completion of the investigation and trial. In the preparation of the article, scientific works, the provisions of international normative acts regulating the use of human biological materials as well as the practice of the ECHR concerning the use of human biological materials in the investigation of crimes were used (8 decisions were analyzed in which the ECHR concerned the use of biological samples or related issues). In the research process to achieve the goal, a complex of general scientific and special methods of cognition was used, in particular, the comparative legal method, the system and structural method, the method of generalization, the method of analysis and synthesis, etc. The positions of the ECHR concerning the following were distinguished and generalized: a) the criteria for the permissibility of compulsory medical intervention for taking of human biological material within the framework of the crime investigation; b) the possibilities of spreading the right not to incriminate oneself on the compulsory taking of human biological materials samples; c) the retention features of cell samples and DNA information in the context of respect for the right to non-interference in the person’s private life. Obtaining and using the human material for the investigation of crimes are not a violation of the European Convention on Human Rights (hereinafter – the Convention), subject to the requirements stated in the practice of the ECHR.

Compliance of certain norms of criminal procedure code of Ukraine with European standards of human rights protection

Compliance of certain norms of criminal procedure code of Ukraine with European standards of human rights protection

The Changing Face of Corporate Liability – New Hard Law and the Increasing Influence of Soft Law

The first frameworks defining standards of human rights protection specifically for business enterprises were non-binding “soft law” like the UN Guiding Principles on Business and Human Rights. In recent times, a “hardening” of corporate human rights law has taken place. Several acts of “hard law” have been implemented at a national and EU level. This article provides an overview of the most important ones. The “hard law” provisions differ in their scope: some obligate companies to report on human rights, others stipulate concrete obligations to conduct human rights due diligence. Another way of tackling the issue of human rights compliance has been demonstrated by the prosecution of companies in the United States. While procedural guidelines abstractly stipulate an effective compliance system to be a mitigating factor, the US Department of Justice regularly defines concrete compliance obligations in deferred or non-prosecution agreements. This development could lead to comprehensive liability for negligence due to organisational and monitoring deficiencies. But who defines the standards? This article examines how the changing practice of human rights compliance may have “feedback effects” on hard law, particularly by changing the scale of negligence. Regarding the lack of effectiveness of some due diligence measures, especially in the “certification industry”, it is then asked how legislation may proactively exert influence by defining effective CSR instruments necessary to prevent civil and criminal liability. Using the example of German law, a proposal is made to implement an obligation of human rights due diligence in “hard law” and, simultaneously, set up an independent expert commission that drafts guidelines specifying the necessary measures for different kinds of companies.

Territorial extension and case law of the Court of Justice: Good administration and access to justice in procurement as a case study†

This paper uses EU trade policy to explore some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law. The paper’s starting position is that, with this policy and regulatory approach, the EU pursues two main goals: first, to further global standards of human rights protection and, second, to further regulatory convergence toward its own procurement standards. The paper concentrates on the pursuit of this second goal and, in particular, on the implications of such territorial extension of EU procurement law for the case law of the Court of Justice on good administration and access to justice, as recognised in the Charter of Fundamental Rights of the European Union. The paper concentrates on public procurement because of its relevance in free trade agreements between the EU and third countries, as well as the relevance of legislative and case law requirements concerning procurement remedies. The paper assesses both the outward and inward implications of the territorial extension for the Court of Justice’s case law. The discussion in the paper also raises general issues concerning procedural design and the consideration of foreign law by the Court of Justice in different settings.

Sex Discrimination in Sport: A Challenge Also for States with High Standards of Human Rights Protection?

Assuming that nowadays a law provision which prohibits women to participate in sport no longer exists, (and taken for granted that nobody doubts anymore about health’s problem for women who practice sport), what are the factors that still make difficult for women to enjoy the right to sport on the same bases as men even in one of the leader countries in women’s rights, such as Canada?