Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
Search result: 6 articles
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
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Article |
National Courts and the Enforcement of EU LawHungarian Experiences |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | Constitutional Court of Hungary, supremacy, mutual trust, constitutional identity, preliminary ruling |
Authors | András Osztovits and András Zs. Varga |
AbstractAuthor's information |
The present study was originally meant for the FIDE XXIX Congress, which provided an excellent opportunity to review how the acquis communautaire has been implemented by ordinary courts as well as the Constitutional Court of Hungary since the country’s accession to the EU. As it is widely known, national courts play a key role in enforcing rights and obligations under EU law, so that the application of EU law remains uniform in all the Member States, in compliance with the jurisprudence of the CJEU. On the other hand, national constitutional courts must take a position more frequently and emphatically on issues related to national sovereignty: in defining what comes within the scope of the EU’s legislative competence and what remains under the control of national constitutional and legislative power. The relationship between national ordinary courts, constitutional courts and the CJEU, as well as the national implementation of Luxembourg case-law may be analyzed in a variety of ways and from different perspectives. The main principles governing EU law (such as direct effect, supremacy, mutual trust) have been developed in increasing detail over the years. Since their effect and practical consequences are outstanding, in what follows, we are shall explore these issues first in the light of Hungarian case-law. In the context of the principle of mutual trust, the discussion surrounding the independence of national courts is gaining impetus. Therefore, we will also touch upon this issue in our study. Finally, as far as the issue of effective enforcement of EU law is concerned, we shall present the Hungarian experience related to the preliminary ruling procedure, which is the most important element linking the CJEU and national courts. In this respect, we approach the issue from the domestic angle, focusing primarily on how exceptions to the obligation to submit a request for preliminary ruling have been clarified on the basis of the guidelines of the Curia of Hungary and the Constitutional Court of Hungary. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2012 |
Keywords | Drittwirkung, horizontal effect of human rights, constitutionalisation of private law |
Authors | Stefan Somers |
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This article discusses whether the horizontal effect of human rights marks a new paradigm in legal systems or is merely a new style in legal rhetoric. In doing so, much attention is paid to the differences between direct and indirect horizontal effect. Departing from social contract theory the article explains that the protection of human right values in horizontal relations is an essential feature of modern constitutionalism. It also analyses whether these values in horizontal relations should be protected by private law or by human rights. This question is looked at from a substantial, a methodological and an institutional perspective. In the end, because of institutional power balancing, the article argues in favor of an indirect horizontal effect of human rights. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Keywords | fundamental rights, societal constitutionalism, inclusionary and exclusionary effects, anonymous matrix |
Authors | Gunther Teubner |
AbstractAuthor's information |
Violations of human rights by transnational corporations and by other ‘private’ global actors raise problems that signal the limits of the traditional doctrine of ‘horizontal effects’. To overcome them, constitutional law doctrine needs to be complemented by perspectives from legal theory and sociology of law. This allows new answers to the following questions: What is the validity basis of human rights in transnational ‘private’ regimes – extraterritorial effect, colère public or external pressures on autonomous law making in global regimes? Do they result in protective duties of the states or in direct human rights obligations of private transnational actors? What does it mean to generalise state-directed human rights and to respecify them for different social spheres? Are societal human rights limited to ‘negative’ rights or is institutional imagination capable of developing ‘positive’ rights – rights of inclusion and participation in various social fields? Are societal human rights directed exclusively against corporate actors or can they be extended to counteract structural violence of anonymous social processes? Can such broadened perspectives of human rights be re-translated into the practice of public interest litigation? |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Keywords | semiosphera, paranomia, Drittwirkung, matrix argument |
Authors | Pasquale Femia |
AbstractAuthor's information |
Examining the function of human rights in the semiosphere requires a strategy of differentiation: the dissolution of politics into political moments (politics, it is argued, is not a system, but a form of discourse); the distinction between discourse and communication; the concept of systemic paranomic functionings. Paranomia is a situation generated by the pathological closure of discourses, in which knowledge of valid and observed norms obscures power. Fundamental rights are the movement of communication, claims about redistributing powers, directed against paranomic functionings. Rethinking the debate about the third party effect implies that validity and coherence must be differentiated for the development of the ‘matrix argument’. |
Article |
Freedom of Expression and the Administration of Justice in Germany |
Journal | European Journal of Law Reform, Issue 1 2007 |
Authors | Ulrich Karpen, Nils Mölle and Simon Schwarz |
Author's information |