Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 113 for “"Fundamental Rights"”.
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The Impact of EU Fundamental Rights on the Employment Relationship
… is to assess the impact of the EU Charter of Fundamental Rights (the Charter) on the employment relationship. The Charter has long been praised for its inclusion of socio-economic rights alongside traditional civil and political rights. It might have been thought, therefore, that the Charter …
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Making Fundamental Rights a Reality in EU Legislative Process : Ex ante Review of Proposals for EU Legislative Measures for their Compatibility with the Charter of Fundamental Rights of the European Union
This study looks at the ex ante review of fundamental rights in the EU legislative process. It examines the rights-based review, which is carried out at different phases of EU law-making procedure before the EU legal act concerned is formally adopted and entered into force. An ex ante review of EU …
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A Tale of Two Sovereignties: Public Health and Fundamental Rights in COVID-Era Judicial Reasoning
… public health and constitutionally-guaranteed rights—or public health and political sovereignties—come into conflict. In liberal democracies, courts are usually the authority tasked with resolving clashes of this type. This thesis offers an account of how judges in the United States and other …
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BALANCING FUNDAMENTAL RIGHTS, INNOVATION AND THE PUBLIC INTEREST IN COPYRIGHT LAW: THE CASE OF GENERATIVE AI MODELS
… generative artificial intelligence exposes a fundamental tension within the human-centric copyright framework, which is built around the anthropocentric standard of the “author’s own intellectual creation.” Under this framework, autonomously generated outputs are ineligible for protection as …
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Enforcing copyright online in an age of internet user fundamental rights: reconciling competing paradigms at the user level
… were considered to go too far in undermining the fundamental rights of internet users. The commonly held view is that, once stimulated, these rights will now frustrate any attempt to regulate internet users who engage in online piracy. From a policy perspective, maintaining this status quo has …
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JUDICIAL COLLECTIVE ENFORCEMENT OF FUNDAMENTAL RIGHTS IN A MULTILEVEL EUROPEAN CONSTITUTIONAL PERSPECTIVE. A FOCUS ON THE ITALIAN CLASS ACTION REGIME
… the other hand, appear ineffective in enforcing rights, especially fundamental ones. The present research, theoretical and empirical, aims to evaluate the role of class actions as a means of overcoming such challenges and ensuring concrete access to justice. Adopting an innovative …
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Artificial intelligence in law enforcement: a critical analysis of the EU AI Act’s framework for protecting public values and fundamental rights
… concerns regarding the protection of fundamental rights, the rule of law, transparency, and democratic accountability. While AI-based technologies promise enhanced efficiency, predictive capacity, and resource optimisation in policing, their use in this particularly sensitive domain …
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More than consultation: Civil society organisations mainstreaming fundamental rights in EU border management policies. The case of Frontex and its Consultative Forum
… platforms is to “merely” assist EU agencies on fundamental rights matters. However, access to EU agencies gives CSOs a privileged position to push their claims forward. Frontex (or European Coast and Border Guard) is peculiar among EU agencies for its operative competences, and growing …
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The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996
Human rights undoubtedly playing an important role in the modem world and they are now recognised in most parts of the world. Many states incorporated these rights into their constitution under the heading of 'Bill of Rights'. Several different definitions, of the term 'human rights' exist but none …
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Should liberal states compel their citizens to adhere to liberal values? The failure of the UK and France to protect ethical independence and equal civic status in relation to freedom of education and other fundamental rights.
Abstract The central argument of my thesis is that a liberal state should adopt a ‘principle of restricted neutrality’, as defined below, when enacting laws, making administrative decisions or adjudicating upon disputes. Toleration and neutrality The concept of ‘toleration’, for beliefs which …
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The practical protection of taxpayers' rights in Mauritius: a legal analysis of the application of the minimum standards established by the international fiscal association in its general report in 2015
The effective protection of taxpayers' rights has not kept pace with the ongoing internationalisation of tax laws. The International Fiscal Association sought to clear this gap by drawing from the experiences of various countries on the subject. This endeavour culminated into a report in 2015 …
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More Equal Than Others: Animals in the Age of the Human Rights Aristocracy
Should we confer fundamental rights on nonhuman animals? Or would this undermine the rights of human beings? I answer these questions, first, by showing that they are not new, but go back at least as far as the eighteenth century. I identify two partly conflicting intellectual currents of the …
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Jueces, derechos fundamentales y relaciones entre particulares
… problem of the efficacy of the constitutional rights in the relationship between individuals (Drittwirkung), the evolution of ground rights, their concept and their effect on the Bill of fundamental rights of the Treaty which establishes a Constitution for Europe, the various theories about the …
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O problema da efetividade do direito fundamental de propriedade nas relações horizontais considerando a produtividade como critério de limitação eleito pelo legislador brasileiro
… position, as regards the horizontality of the fundamental right to property, from limiting criteria to exercise imposed by the Brazilian legislature. For development of the subject it was necessary to understand the historical process of formation of the modern state, birthplace of the …
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The doctrine of absolute liability and the right to a safe environment: issues and challenges in the liability of environmental polluters in Nigeria
… with a view to recovering damages and enforcing rights via statutory claims (which basically reflects traditional English common law rules on liability). Notwithstanding, it is observed that such claims have not availed victims of pollution with the basic reliefs sought, and this is seemingly …
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O sistema prisional brasileiro frente à omissão estatal e ao estado de coisas inconstitucional: uma análise do controle jurisdicional de políticas públicas
… found a bleak picture of repeated violations of fundamental rights. Then, the question is whether State´s omission, who failed to ensure the protection of the incarcerated persons rights, can configure what the Colombian Constitutional Court has defined as an "Unconstitutional State of Fairs". …
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On the Interpretation and Application of the Essence of Rights in the EU Legal Order: Limits and Limitations
EU fundamental rights feature ever more prominently in the case law of the European Court of Justice (CJEU) and continue to attract considerable academic debate. The CJEU has long recognised that these rights have an ‘essence’ that warrants far-reaching protection. The nature, application, and …
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Capital offenses, Non-Capital offenses, and Party Capability: Habeas Corpus Litigation in U.S. District Courts
… of habeas corpus is among one of the most fundamental rights of those held in the custody of the U.S. Federal or state governments. While greatly overlooked over the past thirty years, habeas decisions are, in fact, a political process driven by political forces. I invoke Galanter's (1974) …
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An analysis of the current framework for the exchange of taxpayer information, with special reference to the taxpayer in South Africa's constitutional rights to privacy and just administrative action
… Shifting ('BEPS') Project. Ensuring that the fundamental rights of the taxpayer, guaranteed by the Constitution1, remain protected amidst the hurried implementation of these reforms is of paramount importance and cannot be overlooked or deferred. To a great extent, the question as to whether …
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