Dr. Andraž Teršek, Professor of Constitutional Law, Faculty of Education, University of Primorska and European Faculty of Law, New University Foreword On the 5th of June (2020) I have concluded my article titled “Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe,” published on […]
A critique of Wrong Constitutional Teaching Regarding the Concept of “Sovereignty of the People” and the Prevailing Model of Constitutional Democracies in Europe
dr. Andraž Teršek, Professor of Constitutional Law, Faculty of Education, University of Primorska and European Faculty of Law, New University Introduction Models of constitutional democracy do matter! By “models” I especially refer to the distinction between monistic, dualistic and foundational models of constitutional democracy (as, for example, described in Bruce Ackerman’s book: We the […]
Reflection On Legal and Political Deliberations regarding Human Life and Dignity after the 2020 Coronavirus Pandemic
dr. Andraž Teršek, Professor of Constitutional Law Faculty of Education, University of Primorska and European Faculty of Law, New University Introduction In distanced year of 1999, on the 24th session of the Parliamentary Assembly of the Council of Europe was discussing on the “right to die” issue, as a potential fundamental human right implicitly […]
Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe
Dr. Andraž Teršek Professor of Constitutional Law at the University of Primorska and New University, European Faculty of Law Slovenian Constitution Slovenian Constitution safeguards general right to freedom of expression by Article 39. It reads as follows: “Freedom of expression of thought, freedom of speech and public appearance, freedom of the press, and other […]
Andraž Teršek, Associate Professor of Law, University of Primorska Slovenia, email: email@example.com Jurij Toplak, Professor of Law, University of Maribor Slovenia, email: firstname.lastname@example.org Introduction The right to an effective legal remedy and the right to access court, guaranteed by Articles 13 and 6 of the European Convention on Human Rights, require that the law […]
Saudi Arabia is a country with many peculiarities in human rights and freedoms. The country’s tradition, conservatism and religiosity have created a legal framework that is considered completely foreign to the European model and that of the civilized states of the West, mainly inspired by a rule of law based on common and accepted individual […]
Mr Robert Spano was elected President of the European Court of Human Rights on Monday (April 20th). His term begins on May 18, 2020 and ends on November 1, 2022. He replaces the Greek judge Mr. Lino – Alexandros Sicilianos – after a successful term – in the Presidency of the Court. The new president […]
Impartiality of judge in a trial with a party who promotes the former. A critical glance at a decision with the President of the French Republic and a simple citizen.
Vassilis Chirdaris JUDGMENT Τhiam v. France 18.10.2018 (no. 80018/12) see here SUMMARY Participation of former President of the Republic of France Nicolas Sarkozy as a civilian party in a criminal trial against a citizen. Complaints by the applicant alleging breach of the principle of equality of arms and lack of impartiality of the court due […]
By Vassilis Chirdaris I. Introduction The European Court of Human Rights (hereinafter Court or ECtHR) has two special features in comparison to national tribunals: first, it enjoys superiority in the field of authentic interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ECHR or Convention), the interpretation and […]
Criticizing Strasbourg, Lord Hoffmann, the Limits of Interpretation, the “Margin of Appreciation”, and the Problems Faced by the European Court of Human Rights.
by Vassilis Chirdaris The criticism of the European Court of Human Rights It is an undeniable fact that, in its 50 years of operation, the European Court of Human Rights has enjoyed the privilege of favourable treatment by legal scientists, writers, academics, lawyers and journalists, but also by the citizens of Europe. This reality is […]