Central European Journal of Comparative Law最新文献

Human Rights Committees Recommendations and their Position Within Slovak Legal Order 人权委员会的建议及其在斯洛伐克法律秩序中的地位

Central European Journal of Comparative Law Pub Date : 2024-02-17 DOI: 10.47078/2023.2.277-293

Katarína Šmigová

引用次数: 0

Right to Privacy and Freedom of Expression in the Digital Era in Relation to Elected Public Figures 数位时代与民选公众人物的隐私权与言论自由

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.137-157

Katarína Šmigová

{"title":"Right to Privacy and Freedom of Expression in the Digital Era in Relation to Elected Public Figures","authors":"Katarína Šmigová","doi":"10.47078/2022.2.137-157","DOIUrl":"https://doi.org/10.47078/2022.2.137-157","url":null,"abstract":"Within the human rights protection system at both international and national system, there are several rights that might be and usually get into a clash of interaction if applied at the same time. One of the common examples is a clash between the right to privacy and freedom of expression. Both are important in relation to the protection of personal identity and autonomy and both concern development of every human being. Nevertheless, if there is a clash, one has to decide which one is given priority. This study aims to analyse the protection of these two rights in case of such a clash between them occurs. Since there has already been a lot of studies dealing with this clash, this study therefore limits its focus on two issues, namely first, specificities of the digital era and second, elected public figures have been identified as a particular subject of research because of a chosen specific case that has been under judicial scrutiny in Slovakia during the period of analysis of the research topic of the right to privacy in digital age. Striking a balance in which both these fundamental rights are protected is challenging, especially in the digital era. The focus is therefore given to the background and case-law of the European Court of Human Rights and Constitutional Court of the Slovak Republic when necessary to point out some specific features because of the stimulating case-law and the influence that these judicial authorities have in relation to the Slovak Republic. Finally, it is submitted that the online human rights protection should meet the same conditions as the offline one, keeping in mind all the circumstances that are typical for the digital world.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126832438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Damage Caused by Game and its Compensation in Central European Countries: A Comparative Perspective 中欧国家博弈损害及其赔偿:比较视角

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.183-200

V. Vomáčka, Josef Bártů

引用次数: 1

Role of Private Law for Europe’s Digital Future 私法在欧洲数字未来中的作用

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.27-53

Tatjana Josipović

引用次数: 0

Photographing People in Public and the Protection of Privacy 在公共场合拍摄人物与隐私保护

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.95-113

A. Koltay

引用次数: 0

Right to Property and Cultural Heritage Protection in the Light of the Practice of the European Court of Human Rights 从欧洲人权法院的实践看财产权利与文化遗产保护

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.159-181

T. Szabados

{"title":"Right to Property and Cultural Heritage Protection in the Light of the Practice of the European Court of Human Rights","authors":"T. Szabados","doi":"10.47078/2022.2.159-181","DOIUrl":"https://doi.org/10.47078/2022.2.159-181","url":null,"abstract":"This article presents the relationship between the protection of property and cultural heritage protection under the ECHR system. Most often, state measures aimed at the protection of cultural heritage appear to interfere with private parties’ right to the peaceful enjoyment of possessions. Those dissatisfied with the outcome of domestic court proceedings regarding such interferences often want to reverse unfavorable domestic court decisions by bringing their case before the ECtHR. This article outlines the relevant case law of the ECtHR, distinguishing deprivation of property cases from controls on the use of property, in accordance with the structure of Article 1 of Protocol No. 1. At the same time, it demonstrates the limits of property protection and, thereby, the success of claims by applicants before the ECtHR in cases involving cultural heritage. First, the limited temporal scope of the application of the ECHR and Protocol No. 1 excludes many cultural heritage disputes from the jurisdiction of the ECtHR. Second, the applicant has to prove that (s)he has possessions as interpreted by the ECtHR; the lack of possessions bars in particular restitution claims regarding property expropriated before the ratification of the Convention. Third, cultural heritage protection is considered a legitimate aim by the ECtHR, which can justify a deprivation or restriction of the use of property. States have a wide margin of appreciation in determining whether and how they will ensure the protection of cultural heritage in public interest. In particular, the ECtHR seems to endorse policies underlying both cultural nationalism and internationalism without giving a priori preference to any of them. Finally, the application of the flexible proportionality test by the ECtHR often makes the outcome of the procedure difficult to predict.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116968002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Report on International Scientific Conferences: ‘The Right to Privacy in the Digital Age – in general terms’ and ‘Content of the right to parental responsibility in the legal orders of Central and Eastern Europe – Selected Problems’ 国际科学会议报告:“数码时代的隐私权-一般意义”及“中欧及东欧法律秩序中父母责任权利的内容-若干问题”

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.219-231

Tomasz Bojanowski, Klaudia Łuniewska, A. Wróbel, Alan Kosecki

引用次数: 0

Environment or (Collective) Human Rights: What Is More Important? 环境与(集体)人权:哪个更重要?

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.55-93

Bernd Kannowski, Cecilia Ngaiza

{"title":"Environment or (Collective) Human Rights: What Is More Important?","authors":"Bernd Kannowski, Cecilia Ngaiza","doi":"10.47078/2022.2.55-93","DOIUrl":"https://doi.org/10.47078/2022.2.55-93","url":null,"abstract":"This article reflects on the ‘Yellowstone model’ of environmental conservation while considering the United Nations Educational, Scientific and Cultural Organization (UNESCO)/ International Council of Monuments and Sites /International Union for Conservation of Nature’s recommendation on the voluntary relocation of Maasai residents from the Ngorongoro Conservation Area (NCA) in Tanzania. While advocating for an inclusive conservation approach, it synthesizes the extent to which the relocation has affected the collective socioeconomic and cultural rights of the Maasai in the property. It discusses the concept of Yellowstone conservation model, and subsequently traces the legal background to the existence of the Maasai in the NCA. The NCA’s statuses as a UNESCO heritage site of outstanding universal value, international biosphere reserve, and a global geo-park are also canvassed in the light of multiple-land use model. It further critically discusses the practical impacts of controlling the growing Maasai population at the site through induced voluntary relocation. The authors have drawn lessons from the Inter-American human rights system on the same area of conservation. Ultimately, the article concludes with practical recommendations and proposed issues for further research on this controversial topic.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127489310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Acquisition of Agricultural Land in the Czech Republic 捷克共和国农业用地的收购

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.9-25

J. Hanák, Jan Leichmann

{"title":"Acquisition of Agricultural Land in the Czech Republic","authors":"J. Hanák, Jan Leichmann","doi":"10.47078/2022.2.9-25","DOIUrl":"https://doi.org/10.47078/2022.2.9-25","url":null,"abstract":"The article focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe the topic in the context of both historical and property law. The article introduces historical context of property ownership relations and their composition. Agricultural land was nationalized by the State in the past. Therefore, after the Velvet Revolution, it was necessary to restate a significant part of state-owned property back to its original owners. Privatization and related matters form a significant part of the present analysis because it still affects the transfer of agricultural land from the State to private individuals. Historically, transfers of agricultural land have also been restricted on the basis of nationality. However, after the accession of the Czech Republic to the European Union, this restriction has gradually been lifted. Pre-emption also remains an important issue. At present, however, there is no pre-emption right in general. It affects only certain types of agricultural land, where the pre-emption right is established in favor of the State. The next part of the article deals with actual transfers of agricultural land. This part introduces the basic requirements and elements of transfers, with an emphasis on transfers of state-owned agricultural land. On behalf of the Czech Republic, agricultural land is administered by the State Land Office, which is responsible for the disposal and alienation of land. First, the article focuses on privileged transfers the land in question is transferred only to a certain circle of subjects. In the succeeding section, methods of land transfers to non-privileged entities are described.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114121618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

GDPR and Religious Freedoms (With Insight Into Ronald Dworkin and Competing Rights) GDPR与宗教自由(附罗纳德·德沃金与权利竞争的见解)

Central European Journal of Comparative Law Pub Date : 2022-12-22 DOI: 10.47078/2022.2.115-135

Vanja Savić

{"title":"GDPR and Religious Freedoms (With Insight Into Ronald Dworkin and Competing Rights)","authors":"Vanja Savić","doi":"10.47078/2022.2.115-135","DOIUrl":"https://doi.org/10.47078/2022.2.115-135","url":null,"abstract":"In this article, the author explains that important privacy laws are not by any means absolute and unconditional. Like other rights in contemporary democratic society, they often clash with other rights (and duties), which are usually resolved by balancing. The GDPR and its direct application influence various situations (not originally and initially planned) in which requests on the basis of the right ‘to be forgotten’ cause or can cause problems for religious institutions (religious communities) when they are pressed by some citizens to implement erasure from church books and records. The author explains why this cannot be done and that religious communities cannot be treated in the same manner as business entities. Moreover, such requests can cause harm to religious freedoms and also jeopardize proper functioning of the state bodies, since in many countries, church books are not only historical but also public documents. On a theoretical level, the author examines Dworkin’s teachings on conflicting rights and values and, by using his methodology, concludes that the religious rights of citizens belong to the group of rights that require specific and more persistent protection.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131040253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0