Fundamental rights

How Much Is Enough? – The Interpretation of „Grave Risk” in an International Child Custody Dispute

  • How Much Is Enough? – The Interpretation of „Grave Risk” in an International Child Custody Dispute

    One of the most difficult aspects of divorce is making arrangements for the children; a hard decision that is made infinitely more difficult if the parents are citizens of different countries. With the rising number of international families, now estimated at 16 million, cross-border disputes on family matters have increased in the EU. There are about 140,000 international divorces per year in the EU and around 1,800 cases of parental child abduction within the EU every year. In a recent case, the European Court of Human Rights has held that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned the interpretation of „grave risk” under international law in a child custody dispute. Read more... (Petra Ágnes Kanyuk)

Expressions about Public Persons: The Case-Law of the European Court of Human Rights and the New Challenges of Social Media

  • Expressions about Public Persons: The Case-Law of the European Court of Human Rights and the New Challenges of Social Media

    The Internet is the most important development in communication technology since the invention of the press, affecting the practice of freedom of speech and press and enabling more democratic opportunities for communication. Beside the multitude of advantages, this new technology brought along a swathe of new issues. One important question is: how can courts react to these changed circumstances in the course of human rights adjudication? Is it possible to apply the existing human rights measures or do the features of the new media require the development of new measures? Read more... (Éva Balogh)

Limiting the ne bis in idem principle for the protection of the financial interests of the EU and the financial markets thereof

  • Limiting the ne bis in idem principle for the protection of the financial interests of the EU and the financial markets thereof

    In a recent set of judgments, the Court of Justice of the European Union established that the principle of ne bis in idem may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof, as long as such a limitation does not exceed what is strictly necessary to achieve these objectives. The legal principle, recognized both by the Charter of Fundamental Rights of the European Union and by the European Convention on Human Rights, states that a person cannot be criminally prosecuted or punished twice for the same offence. Read more... (Dániel Szilágyi)

Difficult neighbourhood? Key developments and future perspectives in Belarus‒EU Relations

  • Difficult neighbourhood? Key developments and future perspectives in Belarus‒EU Relations

    For approximately twenty-five years, Belarus and the EU have been faced with plenty of challenges throughout the number of attempts to establish a solid ground for building the stable bilateral relations. Being one of the countries neighbouring the EU, Belarus has commonly been assumed as the key actor in reducing tensions in the region, associated with the ongoing conflict in Ukraine. As the result, Belarus’s efforts towards maintaining the stability in the Eurasian region have considerably altered the EU strategy towards this country. Read more... (Iryna Bahanenka)