Keywords: the right of association in trade unions; trade union; the Trade Union Act; freedom of association in trade unions; working people; the International Labour Organization; worker; employee; right of colition; professional work
The author analyses the Polish regulations on the right of association in trade unions, from the point of view of their compliance with international standards in this area. The scope ratione personae of the right of association in trade unions was defined in the Polish law through detailed enumeration of the categories of persons who are allowed to form trade unions and join them. The current Trade Union Act of 23 May 1991 grants this right to employees (in the legal meaning) and to strictly identified other social groups. According to international law, the freedom of association in trade unions is basically a universal law of all working people. The most important regulation in that respect is Convention No 87 of the International Labour Organization. The term used in the Polish language version of the Convention No. 87 (“pracownicy”) corresponds to the English word “workers”, meaning not only the employee in the legal sense, as the English term “employee”, but generally a person who works on a professional basis. This leads to the conclusion that the right of coalition is granted to workers in the broad sense of the term, including both employees in the strict sense as well as other persons for whom the source of income is their professional work, regardless of the legal basis for its performance. It justifies putting forward a postulate that the Polish Trade Union Act be amended by deleting the provisions which limit the right of association in trade unions in the case of working people other than employees.
More...Keywords: right to housing; property; housing
Abstract: Housing is one of the basic needs of human kind. Given its quintessential relevance to the overall development of man and the State; the question is posed: whether there is a right to adequate housing in the citizen to warrant a demand from the State to fulfill this right; and whether there should be such a right? This paper sets out to examine the concept of Right as it relates to housing and enters into a discourse as to whether there is a fundamental right to housing under Nigeria law. A corollary to the above is to answer the question whether such a right should be cognizable under Nigerian law. In a doctrinal research approach, the paper concedes man and the state. Unfortunately, right to housing does not enjoy the same ranking with civil and political rights for obvious reasons enunciated in the paper. The implication is that there is no enforceable right to housing under our law. Notwithstanding, the paper posits that it is desirable forthe State to create an enabling environment for the realization of this right because of its multiplier effect on the individual and the State.
More...Keywords: right; principle; independent and impartial tribunal; reasonable time; trial without undue delay
The right to be tried without undue delay is set as a legal principle that is closely related to the right to be tried within a reasonable time. Nearly all rights are based on the principle that preparation for trial and trial proceedings before the competent court must be performed as soon as possible in order to preclude unnecessary interference of state authorities in citizens’ personal rights. Accordingly, the Criminal Procedure Code of the Republic of Serbian stipulates in Article 13 that the suspect or the accused has the right to be brought before an independent and impartial tribunal within the shortest reasonable time and to be tried without undue delay. This Article also provides that the court is obliged to conduct the proceedings without delay and prevent any abuse of the rights that the participants in the proceedings are entitled to. Accordingly, the legislator has established time limits that must be observed in the course of taking criminal procedure actions, for the purpose of ensuring fair proceedings and exercising the legal standard to be tried without undue delay. The importance of this principle is reinforced by the judicial practice of the European Court of Human Rights in Strasbourg, whose case law provides ample examples of judicial opinions on this issue. In particular, it seems important to establish the specific criteria for assessing the ‘’reasonable time’’ standard.
More...Keywords: legitimacy;right;philosophy of right;justice;freedom;
This paper explores the possibility of defining the principle of philosophy of right as a concept of legitimacy. By legitimacy is not meant the principle of legitimisation of political government. Legitimacy, in philosophical context, can be expressed as unique corpus of fundamental notions of justice and freedom, on which every concept of right must rest, and only then also every political system that aims for recognition. Legitimacy cannot be drawn from legality, but very concept of right – as an order of agency which stands in unity with and differs itself from other orders of agency – must be derived from the concept of legitimacy. Historically expressed through concepts of justice and freedom, principle of legitimacy allows us to determine immanent logic of praxis and by that also of praxis of right.
More...Keywords: law;freedom;peaceful assembly;the exercise of the right to freedom of peaceful assembly;
The article analyzes the normative legal acts of France, Germany, Azerbaijan, as well as international treaties, the norms of which are directly related to the exercise of the right to freedom of peaceful assembly. Based on the comparative research method, reasoned conclusions are made about the advantages and disadvantages of the relevant legislation.
More...Keywords: Historiography; France; Revolution 1848; slavery; Gareth Stedman Jones
This article examines current discussions of the European Revolutions of 1848 in light of the larger evolution of Anglo-American and French historiography since the second half of the twentieth century. Although focusing in particular on French history, the article suggests why some knowledge of the trends driving this evolution is necessary for improving our understanding of 1848's political and social importance.
More...Keywords: right; balance; freedom of expression; protection; image;
The article presents, from the perspective of the jurisprudence, namely the European Court of Human Rights case law, the particularities of the freedom of expression, one of the essential freedoms within a democratic society and its limitations imposed by the duties and responsibilities its exercise carries with it. While implementing the best mechanisms to protect this fundamental right, any democratic society should also focus on finding the right balance between protecting both the freedom of expression and the personality rights, among which we can mention the right to one’s image or the right to privacy.
More...Keywords: right; freedom; express; information; motivation of an administrative act;
Each of us desires a good administration in which public authorities would exercise their competence only to achieve public interest, without any damage to the rights and liberties of the citizens. In order to have such an administration, it must respect some principles, some rules such as the acts they elaborate, whether they are individual or laws, serve the general interest and not a personal benefit of the people who hold public offices. The main principles are that of transparency of decisions and the motivation of administrative acts; once these principles are respected, the administration will be unable to perform poorly. The current paper aims to analyze some aspects regarding the motivation of administrative acts. Thus, we will attempt to identify the constitutional requirement of motivating the administrative acts, as well as the freedom of speech, the right to be informed, by analyzing Romanian constitutional regulations, as well as some regulations of international structures in Europe. We will also analyze the points of view expressed by doctrine regarding the necessity of such a motivation, as well as the extent of this obligation and its dimension in relation to individual administrative acts or texts of law.
More...Keywords: Net Neutrality; Mandatory Network-Sharing; Connected Continent legislative;
A lively debate emerged on the proposed “Connected Continent” legislative package presented by the European Commission in September 2013. The package contains a proposed rule on the ‘open Internet’, which was heavily discussed in European Parliament hearings in early December. This commentary argues that while the proposed rule is in principle balanced and appealing, it is utterly impractical due to the enormous uncertainty that itsapplication would entail. At the same time, the rule is very far from what neutrality proponents have argued for almost a decade: rather than the place for internet freedom, it would transform the Web into a place requiring constant micro-management and tutoring of user behaviour. Both arguments lead to the conclusion that the current proposal should be at once reformed and analysed under a more holistic lens.
More...Keywords: right to reply; dignity; reputation; lege ferenda;
The right to dignity is fundamentally linked to the human being. Any breach there of must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested party a non-patrimonial remedy of the dignity through the possibility of restoring his/her reputation by presenting his/her variant of truth. The purpose of this paper is to highlight the importance of granting the right of reply in the shortest possible time and through the fastest possible means, including through provisional measures. Its recognition at the legislative level only in the field of audio-visual communications is not sufficient, but may represent a starting point for its extension in the civil law. The lack of an express regulation in civil matter does not, however, impede its granting, but the observance of some conditions specific to the civil means of protection of the personality rights is required, and the time elapsed until its exercise is longer and the reply may become inconsiderable. Reparation by equivalent cannot fully restore the right to dignity, which is why the legislative recognitionin civil law of the right of reply is required as a personality right in the interest of the individual's self-determination regarding the public presentation of his/her person.
More...Keywords: justice of the peace; judicial organization; judiciary; judicial reform; France
The article provides a legal and historical study of judicial reforms, the coming into being and development of the French justice of the peace court in the period between 1790 and 1955. The author emphasizes the rational provisions of the legal framework and the practice of this institute, which guarantee the right of access to justice and to a fair trial.
More...Keywords: European Convention on Human Rights; right to respect for private and family life, right for an individual to decide how and when to become a parent; right to become a grandparent;
In a case concerning the applicant’s request to have her deceased son’s sperm cells transferred to an establishment capable of arranging medically assisted reproduction or gestational surrogacy, the European Court of Human Rights declared the application inadmissible in view of the fact that Article 8 from the European Convention on Human Rights did not guarantee a right to become a grandparent, however worthy the applicant’s personal aspiration to continue the genetic line. The Court took particular account of the fact that, from the elements of the case, it does not appear that the deceased would have authorized his mother to use his sperm cells for post mortem insemination. The Court also held that the applicant's inability to be a grandmother did not prejudice the rights guaranteed by article 8 of the Convention, taking into account the interests underpinning French law: remedying the pathological infertility of a couple. This case is relevant not only from the perspective of the right to respect for private and family life, but especially from the point of view of succession planning in the sense of ensuring an offspring by means of a posthumous fertilization. The success of such a plan will depend primarily on the provisions of the law applicable to the sperm bank, which is why the depositor should consider the most favourable legislation for the successful completion of such an endeavour, which necessarily implies law shopping.
More...Keywords: education; fundamental right; European Union;
The right to education as a fundamental right has followed the evolution of the democratic State and it can be found both at the level of the internal law of the States, in the constitutional texts and in international law. It appears in the Constitution of the Portuguese Republic of 1976, inserted in the economic, social and cultural rights and is consecrated in the European Union. Always as a value associated with the rule of law and democracy.Through a methodology with literature revision of portuguese national legal texts and of the EU law it is possible to analyze the progress achieved historically towards the impletation of the education as a fundamental right.
More...Keywords: right; citizen; residence; Nigeria; guarantee;
The right to freedom of movement and residence is a twin right granted to Nigeria citizens in the Constitution. We are examining this right with Fulani herdsmen as the focus. Fulani herdsmen have recently become a terror group in Nigeria. The hitherto frequent minor clashes between herders and farmers have become escalated and universal in Nigeria. What was limited to the North central has been spread to every State in Nigeria. While Nigerians in the Southern part are complaining about the phenomenon and its implications on food security in Nigeria, the Fulani herdsmen and their umbrella organization Miyetti Allah Cattle Breeders Association of Nigeria and Miyetti Allah Kautal Hore are making provocative statements that they own Nigerian land and that nobody can stop them from grazing their cattle on any land throughout the length and breadth of Nigeria. It is in the light of their assertion that this paper is put together in order to confirm or debunk their assertion that they have an unrestricted or unrestrictable right to graze anywhere in Nigeria. This paper is concluded by stating contrary to their assertion, that the Fulani herdsman and indeed any Nigerian does not have the absolute right to movement or residence in Nigeria. The right to freedom of movement and residence in Nigeria is restricted by the Constitution, Common Law, and other Statues in Nigeria.
More...Keywords: right; education; permanent education; absolute priority;
The right to education is, in any democratic society, a right that is enshrined both in the fundamental law and in international documents that set as their objective the formation of a generation capable of living and working in an educated society. Of course, education is not only social, but, first of all, it is individualized and strictly personalized. The beneficiary of education is both the child (adolescent) and the adult up to the third generation. Education has a beginning, an exclusive period, when only this is done, but its finality is focused on a permanent knowledge of everything that means the social, economic, political, cultural system and more, throughout life. Because education - in its complex form of learning-knowledge-training, is continuous and lasts a lifetime. So, the right to education is a natural right, it is an endogenous right that is a direct part of the nature of the human being. And failure to respect this right by the educational system or management should be viewed and treated as a crime against humanity.
More...Keywords: right to life; jurisprudence; European Court of Human Rights; right to death; euthanasia;
The right to life is a fundamental and absolute human right, which, through its importance, goes beyond the sphere of personal interest, having relevance for the whole society. In a generalized context, it includes in its structure all the other rights, but also duties recognized by man. The right to life is portrayed as having two dimensions: minimum content and maximum content. Stricto sensu, the right to life protects the human being against harm to his or her bodily integrity by another person and is therefore primarily a prohibition on killing another being. Lato sensu, the right to life is an expression that designates the set of rights that are attributed to living beings in general and people in particular. It is important to determine when the protection of the right to life begins, which in various laws of the European States leads to the criminalization or noncriminalization of the act of abortion and also to the determination of the content of this right, in order to determine whether it includes the right to die. Marginally, the jurisprudence of the European Court of Human Rights has ruled on this alleged right, challenging its existence, but not unanimously. What are the limits of this right if it were recognized? Is there such a right or not, and if so, can it be accepted that death is only one side of the right to life? In the following analysis we will try to identify certain questions to which we should look for an answer, in order to reach a conclusion: Does the right to life include the right to die?
More...Keywords: law;principle; program; professions;
The rights and principles for the digital decade, published by the EU Commission, Parliament and Council (European Declaration, 2023) are part of the statement that explicitly mentions the right to disconnection in its section on fair and just working conditions, where it is mentioned that the EU pledged to"ensure that everyone will be able to disconnect and benefit from guarantees of work-life balance in a digital environment". However, in my opinion, it is a little too much to include this legislative power in the universal rule of law, because the rule of law is the highest general rule that summarizes social practice and guarantees the balance between the observance of rights and the fulfillment of rights. of duties. or if they are professions that require self-discipline, such as a investigating magistrate and a judicial police officer, they must complete an on-site investigation as quickly as possible, or a transparent agent to ensure that they are out. business hours.
More...Keywords: right to disconnect; right to rest; working time; annual leave; carers of children;
The subject of the article is the assessment of the legitimacy of introducing a new institution to Polish law, which is the right to be disconnected. According to the authors, this is unnecessary. Based on the analysis of the regulations and the jurisprudence of the Supreme Court, they show that the Labour Code guarantees people who use modern technologies the right to rest. However, the authors agree, that the problem is the practical application of these provisions. Therefore, in their opinion, instead of introducing a new legal institution, it is necessary to increase the legal awareness of workers so that they know what their rights are in this area and, if deemed appropriate, to increase the sanctions for non-compliance.
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