This comparative study looks into the proposed “vaccine passport” initiative from various human rights aspects. It was undertaken by the Global Digital Human Rights Network, an action started under the EU’s Cooperation in Science and Technology programme. The network currently unites more than 80 scholars and practitioners from 40 countries. The findings are based on responses to questions put to the network members by the authors of this study in February 2021. |
Search result: 7 articles
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | Covid-19, vaccine passport |
Authors | Mart Susi and Tiina Pajuste |
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
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This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation. |
Article |
The Question of JurisdictionThe Impact of Ultra Vires Decisions on the ECJ’s Normative Power and Potential Effects for the Field of Data Protection |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Keywords | ECJ, German Constitutional Court, principle of proportionality, primacy of EU law, data protection, principle of conferral, ultra vires judgments |
Authors | Carsten M. Wulff |
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The ultra vires judgment of the German Constitutional Court on the debt security purchasing of the ECB system sent shockwaves throughout Europe. Some scholars see the legal framework, specifically the principle of the supremacy of the European Union in danger. This article argues that the judgment is a challenge for Luxembourg; however, there have been warning signs from the Czech Republic and Denmark that constitutional courts will not shy away from criticizing, when the ECJ oversteps its jurisdiction. The author argues that the judgment may weaken the overall normative power of the court and will assess whether a similar judgment could occur in the field of data protection and national security exceptions. The only way back to normality will be for the court to ensure it does not overstep its jurisdiction and the European Institutions unconditionally backing the ECJ in the expected upcoming conflict with the constitutional courts of Member States. |
Article |
The Right of Appeal against a Decision on Disciplinary Liability of a Judge |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Keywords | disciplinary proceedings, scope of judicial review, standard of judicial review, remedial measures |
Authors | Taras Pashuk PhD |
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This article deals with the questions of scope and the standard of judicial review of a disciplinary decision against a judge. It further addresses the issue of remedial powers, which should be granted to the reviewing authority in this type of cases. It is suggested that the scope of judicial review of a disciplinary decision against a judge should extend to questions of law, fact and discretion. What actually varies is the depth of review or, more precisely, the standards of review and the corresponding level of deference, which must be demonstrated to the primary decision-making authority. It is further suggested that there are several factors that have influence on the formation of the standards of review: the institutional, procedural and expertise factors. As to the remedial capacity, the reviewing court should be provided with the competence to apply adequate remedial measures. The reviewing court should be able to effectively eliminate the identified shortcomings in the proceedings before the first-instance authority. For the effective protection of the rights at issue, it may be important for the reviewing court not only to repeal the decision subject to review, but also take other remedial measures. The legitimacy and necessity for applying particular remedial action should be established by taking into account the same institutional, procedural and expertise factors. |
Human Rights Literature Reviews |
Estonia |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Authors | Ingrid Kauler LLM |
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Human Rights Practice Reviews |
Albania |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Authors | Anisia Mandro LLM |
Author's information |
Human Rights Literature Review |
Poland |
Journal | East European Yearbook on Human Rights, Issue 1 2018 |
Authors | Vita Zagórowska and Jakub Czepek |
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