Articole cu aceleași cuvânt cheie: Curtea Europeană a Drepturilor Omului

O condiţie delicată. Vetting-ul judecătorilor și obligaţia de a implementa avizele Comisiei de la Veneţia
04 01 2023
The judges’ vetting became a fashionable topic in Eastern Europe. The process did not avoid the Republic of Moldova, a state trying not to deviate from its path towards the European Union. The judges’ vetting became a generally accepted goal in Moldova, because the main obstacle on the way to its status of a European Union’s member is the unfavorable situation in the justice sector. In Moldova, the candidates for the position of Superior Counc...
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Protecting the environment in investor-state disputes: comparative administrative law as a source for the proportionality test
04 01 2023
One controversial aspect of international investment law and investor-state dispute settlement (ISDS) is the fact that disputes often refer to sensitive political and social issues, which are inherently national. To tackle this, various solutions were proposed, inter alia, that adjudicators draw inspiration from comparative public law. Arbitral tribunals have done it before, for instance when applying the well-known public law principle of pr...
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Companies’ sufferings and damages for non-pecuniary loss under the European Convention on Human Rights
02 01 2021
It is unanimously recognized and long established that individuals are capable to incur pecuniary and non-pecuniary loss and be awarded damages for such loss. The same can be said about the possibility of companies to incur pecuniary loss and be awarded damages for such loss. However, things are not that obvious and unanimously accepted when it comes to the possibility of companies to incur non-pecuniary loss and be awarded damages ...
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Prelucrarea de date medicale, exercitarea dreptului la liberă exprimare și protecția acestor date. Studiu de caz
This article discusses a number of legal standards and institutions relevant to the use of data contained in health records, as is the case with medical decisions on incapacity to work for disability pension purposes. Specific standards for processing of such data has to be employed, including those required by the General Data Protection Regulation. The exercise of freedom of expression has to comply with the standards of private l...
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CEDO și CJUE: Crearea de sinergii în domeniul protecției drepturilor fundamentale*
03 01 2018
The text explores the highly influential role that the European Convention on Human Rights, as interpreted by the European Court of Human Rights, has played, and continues to play, in the EU legal order. In so doing, it is stressed the fact that the Charter of Fundamental Rights of the European Union, despite its relative youth, has, in turn, influenced the interpretation of the Convention. That mutual influence has the potential to...
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