Right to an effective remedy

Analysis of the Macedonian legislation and practice in asylum and refugee case, with comparative analysis between the domestic and international (UN, EU & CoE) norms and standards, as well as recommendations for improving the domestic legislation and practice.

We examine over 40,000 International Protection (IP) determinations for non-EEA nationals covering a 16 year period in Ireland. We reconfigure these individual outcomes into a set of over 23,000 matched pairs based on combination of direct matching and propensity score matching. A key feature of this approach is that it replicates the statistical features of an experimental set-up where observational data only are to hand. As a consequence we are able to identify those explanatory factors that in fact contribute to the grant of IP. This is a key innovation in the analysis of protection outcomes. We centre our study in the realm of International Relations studies on protection. We are particularly interested in whether immigration policy is a latent tool used to influence the odds of a grant of IP, specifically via the introduction of the Immigration Act 2004. Using both conditional maximum likelihood and mixed effects models we find this is not the case; this conclusion is both novel and profound in a matched pair context. On this basis we conclude there can be little justification for the perception that immigration policy is a latent tool affecting the protection process in Ireland.

We examine over 40,000 International Protection (IP) determinations for non-EEA nationals covering a 16 year period in Ireland. We reconfigure these individual outcomes into a set of over 23,000 matched pairs based on combination of direct matching and propensity score matching. A key feature of this approach is that it replicates the statistical features of an experimental set-up where observational data only are to hand. As a consequence we are able to identify those explanatory factors that in fact contribute to the grant of IP. This is a key innovation in the analysis of protection outcomes. We centre our study in the realm of International Relations studies on protection. We are particularly interested in whether immigration policy is a latent tool used to influence the odds of a grant of IP, specifically via the introduction of the Immigration Act 2004. Using both conditional maximum likelihood and mixed effects models we find this is not the case, this conclusion is both nove...

Con la sentenza Bindl c. Commissione dell'8 gennaio 2025 1 , il Tribunale si è pronunciato per la prima volta sulle condizioni per l'esercizio dei ricorsi diretti nell'ambito del regolamento (UE) 2018/1725 ("EUDPR") 2 , omologo del regolamento (UE) 2016/679 ("GDPR") 3 , sulla protezione dei dati personali per le istituzioni dell'Unione. Dei tre ricorsi presentati, solo la domanda di risarcimento danni per il trasferimento illecito di dati personali extra-UE è stata parzialmente accolta, mentre l'azione di annullamento e il ricorso in carenza sono stati dichiarati irricevibili. Il risultato è una sostanziale débâcle per il ricorrente, che si è visto negare ogni possibilità di contestare in modo effettivo la condotta della Commissione.

The purpose of administrative procedure is to resolve conflicts between public and private interests, in particular when pursuing parties’ rights of positive status. Contrary to civil matters, parties need to firstly enforce their rights before the administrative authority of first instance; furthermore they can file an appeal to the second instance. Exhaustion of the appeal is in most legal systems procedural prerequisite to file court action, meaning there will elapse some time before receiving final and enforceable act to exercise rights. Parties have in administrative matters a right to access to the court and fair trial in reasonable time-limits as defined in constitutions, envisaging judicial procedure, in majority of states before specialised Administrative Court in accordance with Articles 6 and 13 of the European Convention on Human Rights (ECHR). Taking the comparative approach with supraand national normative and European Court of Human Rights case law analysis, paper pro...

This chapter analyses the multifaceted notion of what constitutes a court within the context of civil justice systems. It emphasizes the importance of understanding common concepts for comparative legal research. The term 'court' is dissected through seven layers of meaning: as a place (forum), a community (cohors), a state power (imperium), an adjudicator (iudex or tribunal), an independent legal authority (auctoritas), a public service (officium), and as equilibrium (iustitia or aequitas). The spatial aspect ('forum') reflects the traditional association of courts with specific locations. The community aspect ('cohors') underscores the court as a gathering place for community interaction and justice delivery. As state power ('imperium'), courts represent the judicial arm of the government, enforcing laws and maintaining order. The adjudicative role ('iudex' or 'tribunal') highlights the core function of courts in resolving disputes by applying legal rules to factual circumstances. Courts as independent legal authorities ('auctoritas') stress their role in interpreting and applying the law without external influence. The notion of courts as public services ('officium') emphasizes their duty to serve society by providing accessible and efficient justice. Finally, the concept of courts as equilibrium ('iustitia' or 'aequitas') ties them to the ideal of delivering fair and just outcomes, balancing the interests of all parties involved. Throughout this chapter, historical and cultural evolution of the ‘court’ concept is explored, illustrating how this is being manifested in contemporary legal systems and addressing the challenges and transformations courts face in maintaining these multifaceted roles.

Remedium: A Fundamental Legal Principle. The Latin legal maxim ubi jus ibi remedium, meaning "where there is a right, there is a remedy," forms a cornerstone of jurisprudence and the administration of justice. It underscores the principle that no right exists without an accompanying mechanism for its enforcement or redress. This doctrine serves as a safeguard against violations of rights and ensures accountability, providing individuals access to legal remedies when their rights are infringed. By reaffirming the symbiotic relationship between rights and remedies, this principle remains pivotal in safeguarding the rule of law and ensuring justice for all. This principle is used in courts to ensure that individuals who have a legal right can seek legal relief if that right is infringed upon. The concept is traced back to Roman law, where it was considered a fundamental principle of jurisprudence. Including the United Kingdom, the United States, and most countries with a common law tradition as it originated in Roman law and was firmly established in English common law through landmark cases like Ashby v. White.

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ETIAS Regulation, as part of the developments established by the EU in the area of freedom, security and justice, has a direct effect in the Border Management at the EU level as well as at the national level of each EU Member State.
The ETIAS Regulation primary goal is to establish “a ‘European Travel Information and Authorisation System’ (ETIAS) for third-country nationals exempt from the requirement to be in possession of a visa when crossing the external borders (‘the visa requirement’) enabling consideration of whether the presence of those third-country nationals in the territory of the Member States would pose a security, illegal immigration
or high epidemic risk.”
The focus of this thesis will be, particularly but not limited to it, on the implications that this Regulation might have in the Fundamental Rights of third country nationals that are Visa exempt to enter the EU territory and who are family members of EU citizens when accompanying them or joining them in the EU territory.
To achieve the goal of this thesis, we will, firstly, look at the historical evolution
of the concept of Human Rights and Fundamental Rights in the EU.
Secondly, our goal will be to establish what is the current state of play in the EU regarding Fundamental Rights, with a particular emphasis in the rights of EU citizens and their family members. We will analyse the most relevant primary sources of EU law in
this area, as well as its secondary sources of EU law.
Thirdly, we will focus on some of the particular and possible conflicts that could be raised between the Fundamental Rights provisions under EU law and the ETIAS Regulation regarding the rights of third country nationals that are Visa exempt to enter the EU territory and who are family members of EU citizens when accompanying them or joining them in the EU territory, namely the Right to Enter, the Right to Family Life
and the Right to Free Movement and Residence.
The first major objective and problematic of this thesis is the attempt to prove the inapplicability of the ETIAS Regulation to third country nationals that are Visa exempt to enter the EU territory and that are family members of EU citizens when accompanying them or joining them in the EU territory.
Furthermore, we will take a close look at some of the practical aspects of the implementation of this Regulation, especially in the context of the Border Control of EU external borders and try to prove that the Fundamental Rights of third country nationals that are Visa exempt to enter the EU territory and who are family members of EU citizens when accompanying them or joining them in the EU territory are not fully respected by
the provisions of this Regulation.

The Stockholm Program encourages the Commission to reflect about detention and related issues: "The European Council considers that efforts should be undertaken to strengthen mutual trust and render more efficient the principle of mutual recognition in the area of detention. Efforts to promote the exchange of best practices should be pursued and implementation of the European Prison Rules, approved by the Council of Europe, supported. Issues such as alternatives to imprisonment, pilot projects on detention and best practices in prison management could also be addressed. The European Commission is invited to reflect on this issue further within the possibilities offered by the Lisbon Treaty."

The purpose of administrative procedure is to resolve conflicts between public and private interests, in particular when pursuing parties’ rights of positive status. Contrary to civil matters, parties need to firstly enforce their rights before the administrative authority of first instance; furthermore they can file an appeal to the second instance. Exhaustion of the appeal is in most legal systems procedural prerequisite to file court action, meaning there will elapse some time before receiving final and enforceable act to exercise rights. Parties have in administrative matters a right to access to the court and fair trial in reasonable time-limits as defined in constitutions, envisaging judicial procedure, in majority of states before specialised Administrative Court in accordance with Articles 6 and 13 of the European Convention on Human Rights (ECHR). Taking the comparative approach with supraand national normative and European Court of Human Rights case law analysis, paper pro...

This article gives an account of institutional mechanisms in place for the implementation of the Convention on the Rights of Persons with Disabilities in Tanzania. The protection of human rights depends, among other things, on how effective the institutional mechanisms for the implementation of these standards are. Article 33 of the CRPD provides for domestic implementation, monitoring and consultative mechanisms. Tanzania has in place institution mechanisms for the implementation of disability legislation, which was enacted after the ratification of the CRPD by Tanzania. There are general institutional mechanisms for the monitoring of human rights, which may also be used to monitor specific issues of persons with disabilities. It is a fact that these institutions were in place even before the CRPD. The domestic arrangements in Tanzania for purposes of implementing the CRPD manifest the changing approach, moving away from the old and limited medical/welfare approach to disability, and towards the broader and more inclusive rights approach to disability. The complete change will not be abrupt, because of competing urgent interests, all of which require significant resource mobilisation. Some issues related to law and the disability movement also need to be addressed with a view to enhancing the performance of domestic mechanisms envisaged under article 33 of the CRPD.

The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures...

Rela ves are denied in fatal injury cases insofar as emo onal harm of the third party is at stake.
Moreover compensa on for non-pecuniary loss is not awarded even if the loss of the direct vic m
causes an injury to the rela ve’s health, i.e if the emo onal harm of the rela ve qualifi es as an illness.
This conclusion is derived from exis ng regula on and case law including three excep onal decisions
from the Supreme Court of Georgia. The ar cle provides compara ve analyses of regulatory framework
of Georgia and other European countries in rela on to non-pecuniary loss of secondary vic ms. The
statutory regula ons and prac ce of Austria, Germany, Great Britain, France and So  law governing the
issue of non-pecuniary damages in wrongful death cases, are sequen ally and separately evaluated in
the ar cle.

This article aims to explore recent developments in the 'domestic institutionalisation' of human rights. We argue that the trend towards 'domestic institutionalisation' has inspired renewed attention to the importance of national-level institutions within the international human rights regime, including revisiting the roles of state actors. These developments represent a response to bridging the implementation gap between human rights commitments and reality. The article captures a number of the constitutive elements and key points of debate that merit the focus on 'domestic institutionalisation' of human rights. As a substantive introduction to a Special Issue, the article also purports to further develop a research agenda focused on building strong and sustainable state institutions that protect and promote human rights and contribute to social change. More practically, this research agenda can also inform the strategical priorities of international organisations and international donors working with human rights implementation and capacity development of state actors in context.

This article aims to explore recent developments in the 'domestic institutionalisation' of human rights. We argue that the trend towards 'domestic institutionalisation' has inspired renewed attention to the importance of national-level institutions within the international human rights regime, including revisiting the roles of state actors. These developments represent a response to bridging the implementation gap between human rights commitments and reality. The article captures a number of the constitutive elements and key points of debate that merit the focus on 'domestic institutionalisation' of human rights. As a substantive introduction to a Special Issue, the article also purports to further develop a research agenda focused on building strong and sustainable state institutions that protect and promote human rights and contribute to social change. More practically, this research agenda can also inform the strategical priorities of international organisations and international donors working with human rights implementation and capacity development of state actors in context.

The unmet demand for legal aid generally and for criminal law matters in particular, has grown in tandem with the expansion of crime control and increased restrictions on funding for publicly funded welfare and support services. This article examines the connection between legal aid, legal representation and the right to a fair trial. It presents an in-depth case study of Victorian case law and policy development to illuminate dilemmas in the prioritised allocation of legal aid resources in serious criminal trials. It then compares the Victorian courts' approach to a fair trial with the tenets of current European Court of Human Rights jurisprudence regarding the scope and timing of an accused person's right to access a lawyer. The comparison underlines the narrow definition of fair trial under Victorian common law, relative to Europe, where a fair trial is interpreted more broadly to include the right to legal representation during police and pre-trial investigations. The ar...

In Szurovecz v. Hungary the European Court of Human Rights (ECtHR) has held that a refusal to grant a journalist access to an asylum seeker reception centre in Hungary violated his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The ECtHR emphasized that newsgathering, including first-hand observation by a journalist reporting on a matter of significant public interest, is an essential part of journalistic research and press freedom.

The purpose of this article is to determine the relationship between the principles of subsidiarity and effectiveness and an effective remedy for the excessive length of proceedings within the legal order of the European Convention on Human Rights. The article assumes that these key principles of the ECHR's legal order have an impact on such a remedy, both in the normative and practical dimensions. This assumption has helped explain many aspects of the Strasbourg case law regarding this remedy. Concerning the relationship of this remedy with the principle of subsidiarity, it raises issues such as: the "reinforcing" of Art. 6 § 1; the "close affinity" of Arts. 13 and 35 § 1; and the arguability test. In turn, through the prism of the principle of effectiveness, the reasonableness criterion and the requirement of diligence in the proceedings are presented, followed by the obligations of States to prevent lengthiness of proceedings and the obligations concerning...

Theoretically embedded in the migration/social policy nexus, this paper investigates cooperation with return (CWR) as a policy tool to remove practical deportation barriers for third-country nationals pending removal. Based on legal and policy documents and expert interviews with stakeholders in Austria and the Netherlands, the paper asks how CWR is implemented and what influence it has, both on migration control aims and on access to social rights. We argue that the politicization of the issue and diverging interests between policy networks of welfare and migration affect the regulation and implementation of the tool. By comparing the use of CWR within two country contexts, the analysis presented here adds valuable insights on features of governmental instruments in response to the "deportation gap". The paper further adds to the literature on sanction-oriented, personalized migration policies.

The "right to asylum" is the right of a person to seek protection
from another country by leaving the state of citizenship or residence due
to oppression. In the Universal Declaration of Human Rights, asylum is
regulated as a right by stating that everyone has the right to seek
asylum in other countries in the face of oppression. However, there is no
rule of law in international law that eliminates the discretionary power
of states to grant asylum and transforms the right to asylum into a
claimable right for individuals. Therefore, a State has the ultimate
authority to grant asylum to foreigners seeking asylum in its territory.
The Convention Relating to the Status of Refugees is the most
important document determining the legal framework in the field of
asylum in comparative law today. However, although the 1951 Geneva
Convention contains detailed provisions on the legal status of refugees,
it does not include any provision on the right to asylum. On the other
hand, the prohibition of non-refoulement regulated in Article 33 of the
Convention constitutes the most fundamental principle limiting the
behavior of States towards foreigners.
The principle of non-refoulement regulated by the 1951 Geneva
Convention, which contains some legal gaps and lacks an enforcement
mechanism, has also found a place in supranational human rights
instruments. Although the European Convention on Human Rights does
not include a provision on the right to asylum, the European Court of
Human Rights, through its jurisprudence, has protected the principle of
non-refoulement in the context of Article 3, which regulates the
prohibition of torture. The Court's dynamic interpretation, minimum
standards and procedural safeguards implicitly establish a de facto
right to asylum and, provide effective protection.In recent years, it is observed that the Court's jurisprudence
approaching the phenomenon of asylum with a focus on the human
rights has lost strength in favor of the view that granting asylum is
within the discretion of the state as a reflection of its sovereignty.
Especially in the process starting with the N.D and N.T. judgment, the
ECtHR started to treat the right to seek asylum as a procedural right,
which can be expressed as access to asylum, with a view that prioritizes
the security concerns of states.
The present article explores the evolution of ECtHR
jurisprudence on right to asylum in terms of non-refoulement principle.
In the first part, the asylum concept in international law will be
discussed. The ECtHR's judgments on the principle of non-refoulement
and the level of protection it provides within the framework of the
ECHR and Additional Protocols will be analyzed and the impact of this
protection on the right to asylum will be evaluated in the second part.
The last part will discuss how states' coercive engineerede migration
policies in the face of increased human mobility after the Arab Spring
has shaped the Court's jurisprudence.

The Universal Periodic Review (UPR) is an unique mechanism, designed to bring benefits to real people in real human rights situations. Peer review is of great value, in that it holds member states to account by setting standards both for themselves and for others. The UPR operates at different levels: governments, National Human Rights Institutions (NHRIs) and NGOs (non-governmental organisations). The Commonwealth is uniquely placed, with networks in all three. I warmly commend this publication and encourage its use by all member states taking part in the review process. We recognise that different Commonwealth countries will have differing needs at different stages of the review process. But everyone should be striving together-even if from very different perspectives and strengths-towards the same goal. Our task is to uphold the values we espouse, as set out in the Trinidad and Tobago Affirmation of Commonwealth Values and Principles, agreed by Commonwealth Heads of Government in Port of Spain, Trinidad & Tobago in November 2009. To all our member governments, I confirm that the Commonwealth Secretariat stands ready to support you in the Universal Periodic Review at preparation and follow-up stages, and that its Human Rights Unit (HRU) is at your service.

Human Rights are natural rights that nature has given to all human beings and are inseparable, undividable and inalienable from human beings. They are vital, necessary and indispensable to a modern society, which without them would be unable to function and cannot be developed. 2 From another perspective, "human rights are indivisible rights on individuals, based on their nature as human beings; they protect these potential attributes and holdings that are essential for a worthy life of human beings". 3 Human Rights in general and especially ESCR would be just illusory if they wouldn't be justiciable. In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. 4 Regrettably, the contrary assumption is too often made in relation to ESCR. 5 This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions 6 , but is rather a result of states' attempts to justify their failure to perform their obligations under ICESCR.

The recent decision of the Court of Justice of the European Union in HYA and Others has a significant impact on the use of untested witness statements in criminal proceedings. The case concerned the right to examine witnesses, which is protected under 6(3)(d) of the European Convention on Human Rights. The CJEU established a three-step test to determine whether the use of untested evidence violates the right to a fair trial and ruled out the use of 'sole or decisive' untested evidence in criminal proceedings. The Court also held that the right to examine witnesses is a fundamental right in criminal proceedings and falls within the scope of Article 8(1) of Directive 2016/343. The HYA and Others judgment sets a higher standard than that guaranteed by the ECtHR, preventing the use of sole or decisive witnesses in reaching a final conviction decision. Finally, the judgment extends the scope of defence rights in EU law and enhances the effectiveness of fundamental rights in criminal proceedings.

The unmet demand for legal aid generally and for criminal law matters in particular, has grown in tandem with the expansion of crime control and increased restrictions on funding for publicly funded welfare and support services. This article examines the connection between legal aid, legal representation and the right to a fair trial. It presents an in-depth case study of Victorian case law and policy development to illuminate dilemmas in the prioritised allocation of legal aid resources in serious criminal trials. It then compares the Victorian courts' approach to a fair trial with the tenets of current European Court of Human Rights jurisprudence regarding the scope and timing of an accused person's right to access a lawyer. The comparison underlines the narrow definition of fair trial under Victorian common law, relative to Europe, where a fair trial is interpreted more broadly to include the right to legal representation during police and pre-trial investigations. The article questions whether international developments in access to legal aid for criminal trials and the extension of legal aid and representation to pre-trial procedures, most notably through the Salduz case (heard in the European Court of Human Rights), may inspire change in Victoria.

Juridiska fakultetsstyrelsen vid Lunds universitet, som anmodats att yttra sig över rubricerat betänkande, får härmed avge följande yttrande, som utarbetats av docent Vladislava Stoyanova och postdoktor Eleni Karageorgiou. Temporary residence permits for persons granted international protection The Cross-party Committee of Inquiry on Migration proposes that, as a general rule, residence permits granted to persons in need of protection should be temporary at the time of the initial decision. Refugees For individuals recognized as refugees, as a general rule, the initial residence permit should be three years. After the expiration of the three-year period, the refugee can apply for an extension. The extended permit should be valid for two years. Any other extension permits are, as a general rule, also going to be temporary, and thus valid for two years. 1 The Committee's report correctly notes (page 193) that international law and EU law do not require that beneficiaries of international protection receive upon recognition of their international protection needs, permanent residence permit. The main argument submitted in the report to support the change in the Swedish policy and legislation from the initial extension of permanent permits to temporary permits, is that for the Swedish migration policy to be long-term and sustainable it has to be harmonized with the regulations in the other Nordic countries and in the EU (page 193). It is relevant, however, to consider that the type of the permit granted plays a crucial role for the integration of the beneficiaries of protection (a fact also acknowledged in the report) and the issue of integration is within the competence and responsibility of each individual EU Member State. In this sense, international 1 In this respect, the Committee's proposal deviates from the standards set in Article 26(1)(a) of the proposed EU Regulation that stipulates that '[f]or beneficiaries of refugee status, the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three year [emphasis added]'. The proposed Regulation can be accessed here

Sir: The best information obtainable gives the assurance of truth to the reports that a fleet of eight whaling vessels are icebound in the Arctic Ocean, somewhere in the vicinity of Point Barrow, and that the 265 persons who were, at last accounts, on board these vessels are in all probability in dire distress. These conditions call for prompt and energetic action, looking to the relief of the imprisoned whalemen. It therefore has been determined to send an expedition to the rescue. Believing that your long experience in arctic work, your familiarity with the region of Arctic Alaska from Point Barrow, south, and the coast line washed by the Bering Sea, from which you but recently returned, your known ability and reputation as an able and competent officer, all especially fit you for the trust, you have been selected to command the relief expedition. Your ship, the Bear, will be officered by a competent body of men and manned by a crew of your own selection. The ship will be fully equipped, fitted, and provisioned for the perilous work in view, for such it must be under the most favorable conditions.. .. You are hereby given full authority and the largest possible latitude to act in every emergency that may arise, and while impossibilities are not expected, it is expected that you, with your gallant officers and crew, will leave no avenue of possible success untried to render successful the expedition which you command.. .. Mindful of the arduous and perilous expedition upon which you are about to enter, I bid you, your officers and men, Godspeed upon your errand of mercy, and wish you a successful voyage and safe return.

The human rights and fundamental freedoms of disabled persons are set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This paper firstly focuses on the importance of the involvement of disabled people at all levels of decision-making. The second part of the paper identifies those aspects of the UNCRPD that reflect the direct involvement of disabled people. Finally, it considers how human rights bodies can best build on this specific aspect of the UNCRPD in order to realize the potential of the Convention as a determining factor in affirming disabled people rights in an effective and meaningful manner.

The paper delves into an analysis of the case-law of the European Court of Human Rights (ECtHR) concerning Article 5(2) of the European Convention on Human Rights (i.e., the right to be informed of the reasons for detention) in the context of immigration detention. The approach taken by the ECtHR seems to create a questionable differentiation in the extent of this guarantee, singling out foreigners and thereby compromising its fundamental attributes.

I diritti di traduzione, di memorizzazione elettronica, di riproduzione e di adattamento totale o parziale, con qualsiasi mezzo (compresi i microfilm e le copie fotostatiche), sono riservati per tutti i Paesi. Le fotocopie per uso personale del lettore possono essere effettuate nei limiti del 15% di ciascun volume/fascicolo di periodico dietro pagamento alla SIAE del compenso previsto dall'art. 68, commi 4 e 5, della legge 22 aprile 1941, n. 633. Le riproduzioni diverse da quelle sopra indicate (per uso non personale-cioè, a titolo esemplificativo, commerciale, eco-nomico o professionale-e/o oltre il limite del 15%) potranno avvenire solo a seguito di specifica autorizzazione rilasciata da EDISER Srl, società di servizi dell'Associazione Italiana Editori, attraverso il marchio CLEARedi Centro Licenze e Autoriz-zazioni Riproduzioni Editoriali. Informazioni: www.clearedi.org. L'elaborazione dei testi, anche se curata con scrupolosa attenzione, non può comportare specifiche responsabilità per even-tuali involontari errori o inesattezze.

The essay provides an overview of a unique and innovative cooperative initiative by an NGO-coalition to monitor and strengthen law enforcement responses to hate crimes and to identify new tools in the fight against hate incidents in Hungary. The Working Group Against Hate Crimes, in close collaboration with national and local police, conducts research, delivers opinions on legislation, develops curricula, designs training and education modules, and partakes in regular case-analysis with officers.

Stalking (harassment that causes fear) is known to be a serious social problem worldwide. However, there is no empirical research in Hong Kong confirming the scale of the problem or identifying how much of the problem stems from debt collection (i.e. which could in theory be addressed through regulation of debt collection), former cohabitees (i.e. which could in theory be addressed through domestic violence legislation) or others (e.g. people who have positive or negative emotions towards the victim which they cannot address through normal relationships). This study builds on the previous survey research done by the research team on violence against women and crime victimization in order to provide the qualitative and quantitative evidence needed to identify how best the problem can be addressed in Hong Kong. A small-scale telephone survey (1,050 respondents) was used to provide estimates of prevalence (one year and ever) of stalking (in different forms) against both adult men and women in Hong Kong. Follow-up interviews (28 interviews covering 48 stalking incidents), were used to provide details of the nature of victims’ lived experience.

In Suriname, the national percentage of population with access to safe drinking water is 72.6 percent and shows that even though Suriname has great wealth in water resources, not everyone is benefiting from it. From a human rights perspective, states carry the responsibility for realizing the human right to water and follow the authoritative interpretation by ensuring that everyone has 'sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic purposes.' The Court can also play a significant role when individuals and communities can rely on the human right to water in Court. This article explores the avenues for establishing a justiciable human right to water and explains the challenges the judicial system in Suriname might encounter in doing so.

Słowa kluczowe: podatek od wartości dodanej, procedura podatkowa, prawo do skutecznego środka zaskarżenia, prawo do sądu, autonomia proceduralna
Artykuł dotyczy problematyki ochrony proceduralnej, jaka powinna mieć miejsce w odniesieniu to praw podmiotowych jednostki wywodzonych z prawa Unii Europejskiej, a ściślej tych praw, które dotyczą podatku od wartości dodanej. Autorka wskazuje na konieczność stosowania przez organy podatkowe i sądy administracyjne adekwatnych procedur podatkowych do zaistniałych sporów. Źródło wspomnianej adekwatności zaś wywodzi z prawa do skutecznego środka zaskarżenia.

Lesbian, gay, bisexual and transgender (LGBT) people commonly face obstacles in their daily lives: at the doctor's, at school or simply walking hand-in-hand on the streets. They are often bullied in classrooms or publicly attacked for simply being gay, lesbian, trans or bisexual. Frequently they do not report incidents of hate crime or discrimination, partly out of lack of trust for the respective authorities. These findings highlight the need to look closer at the role public officials, and other professionals in education, healthcare and law enforcement, play in ensuring that everyone's fundamental rights are protected and promoted. These are the 'frontline officers' that are in daily contact with people, including LGBT persons. This research focused on the drivers and barriers such frontline officers face when doing their job. It was the first time ever that public officials, teachers, doctors, nurses and law enforcement officers in 19 EU Member States were interviewed about their experiences and views on efforts to protect and promote the rights of LGBT people. It sheds a light on what works and what does not, on the drivers and barriers to implementing policies and measures that promote diversity, and fighting discrimination and intolerance on the grounds of sexual orientation and gender identity. The findings underline the commitment many professionals show in improving the situation for LGBT people. Training and promising practices in a number of Member States reveal positive changes towards the full respect, protection and promotion of equality and non-discrimination for LGBT people. Respondents in all Member States stressed that EU legislation and policies on fundamental rights are the main driving force for further improvement and change in their countries. They considered EU actions as supporting them in performing their duties better and in having a meaningful positive impact on the lives of LGBT communities. The findings also point to problems. For example, some law enforcement officials do not recognise, or underestimate, the scale and nature of homophobic and transphobic hate crime incidents. In most EU Member States, respondents argued that objective information about sexual orientation and gender identity is not part of school curricula or that training for medical professionals is lacking. The research also shows that there are still quite a number of healthcare professionals in several EU Member States who believe LGBT people suffer from pathological diseases. Such findings have a negative impact. They prevent professionals from performing their tasks appropriately. As a result, LGBT people are still unable to enjoy their rights and freedoms under EU law on an equal footing with others. While the List of Actions to advance LGBTI equality-presented by the European Commission in December 2015can help resolve some of the issues raised in this report, efforts by Member States' authorities and associations of police, education and healthcare professionals are particularly crucial. Support from regional and local authorities, as well as cooperation with civil society and national human rights bodies, are also vital to keep pushing towards making discrimination against LGBTI people a thing of the past. I hope this report encourages all actors to contribute to that process.

The recent Liu v. Poland judgement acknowledges the breach of Articles 3 and 5 ECHR vis-à-vis an applicant facing extradition proceedings in Poland. From its wording, it can be inferred that a general situation of violence is deemed to exist in China and that individuals can face a risk of torture of ill-treatment should they be transferred to that country. Also, the ECtHR takes the opportunity to uphold its settled case-law on the ‘due diligence’ that is required of national authorities aiming at detaining individuals for the purpose of extradition.

Both EU and international law protect the right to interpretation and translation in criminal proceedings, which is a necessary element of a fair trial. The aim of this paper is twofold: first, to provide a general overview of the legal instruments that guarantee the right to translation and interpretation for individuals who are involved in criminal proceedings; and second, to address the primary concerns regarding these rights by examining the particulars of the most prominent EU cases, particularly when viewed through the lens of the Convention for the Protection of Human Rights and Fundamental Freedoms and the respective EU Directive 2010/64/EU. The Directive requires EU member states to ensure that interpretation and translation services are provided free of charge, to guarantee the quality of the services, and to establish appropriate training and accreditation schemes for interpreters and translators. Nonetheless, despite these legal safeguards, there are still several concerns regarding the implementation of this right: the quality and availability of interpretation services that vary widely across EU member states, and there have been concerns about the competence and training of interpreters in some cases; delays in providing translation and interpretation services that can also undermine the effectiveness of the right, and inconsistencies in application across EU states, compromising the coherence of the EU legal system and creating legal lacunae and legal ambiguities that hinder the full and appropr iate implementation of this standard. Overall, as the research suggests, the state of affairs regarding the right to translation and interpretation in criminal proceedings in the EU is rather positive and on the upward path, as the EU has established solid legal standards and requirements to ensure that this right is protected and upheld in practice. However, challenges remain in ensuring that these standards are fully implemented and enforced in all member states. According to the research, the dynamics of previous and most recent cases can serve as a roadmap for future cases, and future requirements necessitate a more elaborate and sophisticated implementation plan.

a possible quasi-systematic dismissal of applications for international protection submitted at the border with Serbia a possible lack of sufficient safeguards in the asylum procedure implemented at the border, including as regards the existence of effective remedies to challenge a decision on the admissibility of an asylum application the criminal sanctions introduced relating to the crossing of the border and a possible lack of adequate safeguards ensuring respect of the rights of defence and effective remedies in the criminal proceedings the closing of border crossing points the powers granted to the military forces in border management and questions as to the existence of adequate safeguards and remedies a possible general lack of specific procedures or safeguards for children

After World War II The International Society established United Nations for promoting peace and Human Rights in the World. It has declared Universal declaration of Human Rights which was a standard setting document and was not legally binding on signatory states. In 1966 two legally binding treaties International Civil and Political Rights and International Convention on Economic, social and cultural rights came into force. However, economic, social and cultural rights have been neglected comparing the efforts spent for the civil and political rights. This was mainly a result of struggle between two ideological blocs during the Cold War. Although they have been regulated under two different covenants, whether there is a core distinction between the two groups of rights or not is a question in the International Human Rights academic world.

El trabajo analiza las dificultades derivadas de la verificación de las exigencias de los principios de eficacia y efectividad que matizan el principio de autonomía procedimental en el examen de la compatibilidad de las normas tributarias con el Derecho de la Unión Europea a la luz de la reciente jurisprudencia del TJUE. Asimismo, estudia la posible aplicación de las exigencias derivadas de dichos principios a los supuestos en los que exista una norma procedimental de rango comunitario, la aceptación de los plazos preclusivos razonables como límite a la obligación de restitución y la posible revisión extraordinaria de situaciones firmes por exigencias del principio de efectividad del ordenamiento de la Unión Europea.

Natalia Kobylarz* * The author works as a Senior Lawyer at the Registry of the ECtHR in Strasbourg. She also teaches the courses of International Human Rights Law and Human Rights and the Environment at the University of Grenoble Alpes. She holds an LL.M. degree in International and Comparative Law from the Southern Methodist University in Dallas, United States; a Master 2 degree in Environmental Law from Strasbourg University, France; and a Master of Law degree from the University of Maria Curie-Sklodowska in Lublin, Poland. In 2016 she was seconded to the Inter-American Court of Human Rights in San José, Costa Rica. The views expressed in this paper are those of the author and do not represent the official position of the ECtHR or the CoE. The Registry gives support to the Court and cannot in any way influence the Court's decisions on the admissibility and/or the merits of any case. The author wishes to thank Jan Darpö for his valuable comments on the earlier version of this paper. This chapter explores, in a concretized and systematized manner, how the projected additional protocol to the ECHR on the right to a healthy environment would likely affect the existing normative framework regarding the ECtHR's territorial, subject-matter, and personal jurisdiction. It is concluded that institutionalizing a separate specialized regime for the right to a healthy environment would release tensions generated by environmental claims based on the expansive interpretations of the current doctrine of indirect rights-based protection of the environment. The proposed right would further fill in several normative gaps and bring uniformity to standards concerning participatory rights. The chapter intends to contribute to the ongoing legislative deliberation within the Council of Europe and, indirectly, to the similar process within the United Nations.

The article is devoted to the analysis of international law acts, which guarantee the protection of the rights of aggrieved persons in criminal proceedings. It is emphasized that, in recent decades, the international community has adopted a number of important international legal documents in the field of protecting human rights and freedoms, including aggrieved persons (crime victims). The norms of both universally recognized documents and documents of the regional level, that is, those developed by the Council of Europe and set forth in the relevant Recommendations have been cited and analyzed. The need for further implementation of international norms and principles to compensate the victim for harm caused by a criminal offense against him is noted. It is established that the provisions of the Code of Criminal Procedure of Ukraine 2012 regarding the protection of the rights of the aggrieved person require further improvement. According to the results of the study, three main stag...

See also the discussion in Chapter III on the applicability of the right to a fair trial to the CCB proceedings. 27 Eddy Bauw and others, Rechtsstatelijke waarborging van buitengerechtelijke geschiloplossing (WODC report 2727) (Universiteit Utrecht/ Montaigne Centrum voor Rechtspleging en Conflictoplossing/ WODC 2017) 41.

Gratitude is also owed to the Foundation Remembrance Responsibility Future (EVZ) for financing our project and making it possible. We are grateful for the support our stakeholders and partners have shown us, namely: the Antonio-Amadeu-Foundation, Bundesarbeitsgemeinschaft Kirche und Rechtsextremismus (BAGKR), Berlin Mission, German Association of Support Service Providers for victims of right-wing, racist and Antisemitic violence (VBRG) and the European Network Against Racism (ENAR). Moreover, we want to thank our colleagues from all over Europe who joined our project and contributed their commitment, great expertise and professional knowledge. The Civil Society Organisations they represented are listed in the text box below. We would also like to sincerely greet our German colleagues particularly the authors' collective of the publication "Beratung für Betroffene rechter, rassistischer und antisemitischer Gewalt. Qualitätsstandards für eine professionelle Unterstützung" (VBRG 2015).