Critique

Compulsory Vaccination Controversy, ECtHR and Fundamental Human Rights

Dr. Andraž Teršek, Professor of Constitutional Law, University of Primorska and New University (Slovenia)   Will people become (or remain?) “tight bunnies” considered as “fools,” or can we hope for judicial protection of fundamental human rights, based on common-sense evaluation and persuasive legal arguments?   Unimplemented Constitutional Court Decision In the late 2004 (yes, sixteen […]

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On the Legality and Constitutionality of Measures and Restrictions On Constitutional Rights in Slovenia, During an Official Coronavirus Pandemic 2020

dr. A. Teršek, D. Pavlin, J. Dragan, mag. B. Nastran & N. Vražič   Just before the official start of this year’s Coronavirus COVID-19 pandemic, the previous Slovenian government resigned and a new government coalition of parliamentary parties (four) was formed. New government was faced with a new challenge and a lot of responsibility. It […]

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A new European definition of hate speech? Yes.

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 […]

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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 […]

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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 […]

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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 […]

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The right to obtain sufficient information about available legal remedies and the ECHR

Andraž Teršek, Associate Professor of Law, University of Primorska Slovenia, email: andraz.tersek@upr.si Jurij Toplak, Professor of Law, University of Maribor Slovenia, email: jurij.toplak@um.si   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 […]

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Whipping as a form of punishment is abolished in Saudi Arabia!

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 […]

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δικηγόρος

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 […]

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ECHRCaseLaw

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