Filter results

Results (1534)

Sort by:

Select all Select all

Page 1

Agnieszka Aleksandra Murawska (Nowakowska) - Administrative Anti-Fraud Measures within the European Union

No access

Select

Agnieszka Aleksandra Murawska (Nowakowska)

Administrative Anti-Fraud Measures within the European Union

2008

Results in this title

Principle of proportionality S. 113-114

„… result from the national proceedings. 5.1 Principle of proportionality First and foremost, OLAF has to …” „… respect the principle of proportionality.472 Thisprinciple has been recognised by the ECJ as a part of EC …” „… Gemeinschaft« 1998, vol. 2, p. 661. 473 On the recognition of the principle of proportionality, see case C-8/55 …”

Primary law instruments S. 66-70

„… principles of subsidiarity and proportionality (by qualitative or, wherever possible, quantitative indicators …” „… principles of subsidiarity and proportionality244, action by the Communityis necessary if the Member State is …” „… Bereichen» EuR 1998, p. 616.244 Protocol on the principle of the subsidiarity and proportionality [1997] OJ …”

Internal investigations S. 111-113

„… proportionality First and foremost, OLAF has to respect the principle of proportionality.472 Thisprinciple has …” „… principle of proportionality, see case C-8/55, Fédération Charbonnière de Belgique v High Authority of the …” „… limitations are eitherforeseen in Community law or they result from the national proceedings. 5.1 Principle of …”

Rule of law S. 114-115

„… to the principle of proportionality, see Tridimas, Takis »The General Principles ofEC law«, New York …” „… principle that has to be respected is the principle of rule of law, which iscontained in Article 6(1) EU …” „… Treaty477 and is part of the primary law of the EC. One element of this principle is the ‘principle of …”

Titelei/Inhaltsverzeichnis S. 2-18

„… of OLAF’s competencies 1135.1 Principle of proportionality 1135.2 Rule of law 1145.3 Limitations with …” „… 672.1.2 Article 280 EC Treaty 672.1.2.1 General remarks – principle of subsidiarity 672.1.2.2 Allocation …” „… Enforcement of sanctions 862.4 Nature of the sanctions 863. Principles for imposing sanctions 864. Sanctions …”

doi.org/10.5771/9783845206615

Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward - The EU Charter of Fundamental Rights

No access

Select

Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

2022

Results in this title

Valsamis Mitsilegas, Emmanouil Billis Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1473-1508

„… Article 49 Article 49 Principles of Legality and Proportionality of Criminal Offences and …” „… states the general principle of proportionality between penalties and criminal offences which is …” „… principles of legality and proportionality under Article 49 act primarily as a limit to state and EU power to …”

Index S. 1927-1968

„… defence (Article 48) proportionality principle, 487 right of defence, 1399 – 411 see also Presumption …” „… American Convention on Human Rights: personal integrity, 64 principles of legality and proportionality …” „… legality and proportionality of criminal offences and penalties (Article 49) ne bis in idem principle …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1611-1674

„… principle of proportionality; the reasoning of national authorities; the particular stringency of the case …” „… obligation to ‘ respect the essence of ’ the rights; the ‘ principle of proportionality ’ ; and the …” „… principle of proportionality ’ . 101 However, the Court left it to the national court to decide how to …”

Michelle Everson, Rui Correia Gonçalves Article 16 – Freedom to Conduct a Business S. 463-488

„… market. Given strongest expression in the enunciation of the principle of proportionality in the highly …” „… the rights and freedoms in question, are subject to the principle of proportionality, are necessary …” „… Goldsmith ‘ A Charter of Rights, Freedoms and Principles ’ ( 2001 ) 38 ( 5 ) Common Market Law Review …”

Ferdinand Wollenschläger Article 17 (1) – Right to Property S. 489-518

„… principle of proportionality as required by Article 52(1) of the Charter must be ensured with regard to the …” „… jurisprudence of the ECtHR and has been derived from the principle of proportionality. 160 A fair compensation …” „… the general principles of international law. The preceding provisions shall not, however, in any way …”

David Mangan Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life S. 151-194

„… complies with the principle of proportionality; and 4) it meets objectives of general interest recognised …” „… of an interference of this magnitude should in principle be able to have the propor-tionality of the …” „… beyond the limits imposed by compliance with the principle of proportionality. In this connection the …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 313-332

„… proportionality is a general principle of EU law, the exemption given by Article 4(2) is to be read as being …” „… bound to respect religious freedom as part of the ‘ general principles of law ’ 8 created by the Court …” „… – Freedom of Thought, Conscience and Religion Ronan McCrea 315 13 This principle was fi rst stated in …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 333-370

„… exception ’ ; J K ü hling , ‘ Fundamental Rights ’ in A von Bogdandy and J Bast (eds), Principles of …” „… legislation must be interpreted in the light of general principles 10 and legislation enacted at EU level …” „… predicated on respect for human rights, specifically freedom of expres-sion. Accepting the principle of …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1509-1552

„… prohibition on double penalties also comes under the principle of proportionality. See para 99 of the Opinion …” „… , be considered to give expression to the principle of proportionality enshrined in Article 49(3) of …” „… to by Article 4 of Protocol No 7, namely the application of the principle within the same Member …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1211-1226

„… States had to apply those conditions having due regard to the principle of proportionality and …” „… principle of proportionality and of fundamental rights. Thus, it might be disproportionate to deny the right …” „… narrowly and are subject to the principle of proportionality. 67 Furthermore, public policy and security …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 801-826

„… implement, and be in accordance with the principle of proportionality. 46 The existence of Article 28 CFREU …” „… principle of proportionality. The trade union movement was also shocked because it thought that the advent …” „… , bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 115-150

„… . All such deten-tion must conform to the principle of proportionality and thereby strike a reasonable …” „… undertaken to strengthen mutual trust and render more effi cient the principle of mutual recognition in the …” „… : Exploring the Principle of Mutual (Yet Not Blind) Trust ’ , Common Market Law Review 54 ( 2017 ), pp. 805 …”

Niilo Jääskinen Fundamental Social Rights in the Charter – Are They Rights? Are They Fundamental? S. 1855-1870

„… Principles of Subsidiarity and Proportionality. 69 According to Art 15(2), ‘ Every citizen of the Union …” „… and respect the essence of those rights and freedoms. Subject to the principle of proportional-ity …” „… distinction between ‘ rights ’ and ‘ principles ’ , provided in Article 52 of the Charter, which is also …”

Jo Shaw, Lamin Khadar Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1085-1112

„… , with the securing of the principle of proportionality (Council Decision 2002/772/EC , [ 2002 ] OJ L …” „… respect the essence of those rights and freedoms. Subject to the principle of proportional-ity …” „… 14(3) of the Treaty on European Union. Article 39(2) takes over the basic principles of the electoral …”

Eleni Frantziou, Virginia Mantouvalou Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 449-462

„… labour, or the condition of servitude, would be egregious breaches of the principle in Article 15 …” „… proportionality of such restrictions is strongly compromised when they are not accompanied by a statement of …” „… a simple philosophical principle ’ . 26 General Comment No 18 makes mention of the right to work in …”

Appendix S. 1891-1926

„… charged shall be guaranteed.Article 49Principles of legality and proportionality of criminal offences and …” „… those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if …” „… ECHR.Explanation on Article 49—Principles of legality and proportionality of criminal offences and penaltiesThis …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 231-290

„… principles of data protection and data security. 72 However, in the Tele2 Sverige ruling of 2016, which …” „… such brought about a restriction which conflicted with the general principle of freedom of expression …” „… classic principles on access to information under Article 10 ECHR. 116 It considered that the right of …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 837-874

„… Contract as a General Principle of EU Law ? Transfer of Undertakings and the Protection of Employer Rights …” „… reference to Principle 7. 14 There is no specific mention of Article 30 of the Charter in the preamble …” „… of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal …”

Maarten den Heijer Article 18 – Right to Asylum S. 551-572

„… those who are prosecuted for non-political crimes or for acts contrary to the purposes and principles of …” „… are guilty of acts contrary to the purposes and principles of the United Nations (Art 1F). Also …” „… asylum seekers. The ECtHR and the CJEU increasingly often employ the principle of the child ’ s best …”

Miriam Kullmann Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life S. 195-230

„… comply with the proportionality principle and be based exclusively on the personal conduct of the …” „… 157 TFEU and Art 4 of Directive 2006/54/EC on the implementation of the principle of equal …” „… criticised for retreating from the principle of prohibiting discrimination based on sex, established in the …”

Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1245-1384

„… principle of Union law (Case 222/84 Johnston [1986] ECR 1651; see also judgment of 15 October 1987, Case …” „… I-6313) . According to the Court, that general principle of Union law also applies to the Member …” „… Procedures in the EU ( Madrid , Iustel , 2017 ). A Arnull , ‘ The Principle of Effective Judicial …”

Erika Szyszczak Article 36 – Access to Services of General Economic Interest S. 1025-1040

„… the proviso that the Member State measure must satisfy the principle of proportionality. It should be …” „… of the European Union and does not create any new right. It merely sets out the principle of respect …” „… be held accountable for the breach of a fundamental principle of EU law, usually described as a …”

Allan Rosas The Charter and Universal Human Rights Instruments S. 1757-1772

„… restriction on the free movement of goods, it was in principle justifi ed, subject to a proportionality test …” „… ) and Article 49 (principles of legality and proportionality 57.4457.4557.4657.47Part II – Refl ections …” „… development of fundamental rights as general principles of Union law, but also the preparation and drafting of …”

Titelei/Inhaltsverzeichnis

„… Charter, having been recog-nised as a general principle of law over fifty years ago, first in 1969 in …” „… , developments relating to the principle of mutual trust, fundamental social rights and the obligation to provide …” „… constitutional principles, including the separation of powers and the independence of the judiciary. These …”

Angela Ward Article 51 – Field of Application S. 1553-1610

„… principle of subsidiarity and to the Member States only when they are implementing Union law. They shall …” „… of the Union, in compliance with the principle of subsidiarity. This provision was drafted in keeping …” „… consequences of the principle of subsidiarity and of the fact that the Union only has those powers which have …”

Alan Bogg, Michael Ford Article 31 – Fair and Just Working Conditions S. 875-922

„… International Law Journal 2 . Lord Goldsmith , ‘ A Charter of Rights, Freedoms and Principles ’ ( 2001 ) 38 …” „… mantra was that the right to paid annual leave was a particularly important principle of EU social law …” „… . For its part the CJEU held that Article 31(2) of the Charter refl ected an ‘ essential principle of …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 405-428

„… , ‘ Rights and Principles in the EU Charter of Fundamental Rights ’ , ( 2019 ) 56 ( 5 ) Common Market Law …” „… principles of Community law [39]. Thus, Articles 9 and 10 are qualified rights which can be limited only by …” „… principles on prior-informed consent, confi dentiality of data, and protection of public health. Additionally …”

Jeff Kenner Article 29 – Right of Access to Placement Services S. 827-836

„… principle of proportionality. V. Remedies Enforcement of the right to a free placement service is …” „… first of its three chapters, it proclaims principles and rights to promote equal opportunities and …” „… Pillar as a guiding principle for the 2019 – 24 period. 14 B. Interrelationship of Article 29 with Other …”

Steve Peers Article 9 – Right to Marry and Right to Found a Family S. 291-312

„… Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of …” „… of the principle of equal treatment for men and women as regards access to employment, vocational …” „… part of the legislation. 6 Directive 2006/54/EC on the implementation of the principle of equal …”

Gabriel N Toggenburg The Implementation of the Charter of Fundamental Rights by the EU Member States (as Refl ected in the Work of the EU Fundamental Rights Agency) S. 1791-1808

„… individuals concerned. By way of illustration: invoking Article 49 (principles of legality and proportionality …” „… principle of effi ciency but would contradict the very wording of the regulation itself which tasks the …” „… Whereas such a change would be very much in line with what the UN Paris Principles on the establishment of …”

Catherine Dupré Article 1 – Human Dignity S. 3-24

„… ruling of July 2018. 14 In addition, the principles of legality and proportionality of criminal offences …” „… Universal Declaration of Human Rights enshrined this principle in its preamble: ‘ Whereas recognition of …” „… ’ actions ‘ with due regard to the principle of subsidiarity and to the Member States only when they are …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the European Legal Space S. 1711-1734

„… principle of proportionality laid down in Article 52(1) of the Charter and, therefore, with Article 16 …” „… of that right, 95 pursued a legitimate objective and complied with the principle of proportionality …” „… , general principles of law and fundamental rights ’ ). 6 See, eg, Cases C-92/09 and C-93/09 Volker und …”

Dagmar Schiek, Biljana Kotevska Article 23 – Equality between Women and Men S. 667-692

„… ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the …” „… the principle of equal treatment for men and women as regards access to employment, vocational …” „… 157(4) of the Treaty on the Functioning of the European Union which provides that the principle of equal …”

Filip Dorssemont Article 12 (1) – Freedom of Assembly and of Association S. 371-394

„… of the Union with due regard for the principle of subsidiarity, and to the Member States only when …” „… framework (Guiding Principles, 2008) adopted by the Governing Council for the recognition of information …” „… EU law. As a fundamental principle of EU law, it will need to be taken into account in the …”

Paul Craig Article 41 – The Right to Good Administration S. 1125-1152

„… law such as proportionality, legal certainty, or legitimate expectations. 115 The principle of sound …” „… general principles common to the laws of the Member States. 4. Every person may write to the …” „… enshrined inter alia good administration as a general principle of law (see inter alia Court of Justice …”

Mark Bell Article 20 – Equality Before the Law S. 597-612

„… general principle of law which is included in all European constitutions and has also been recognised by …” „… the Court of Justice as a basic principle of Community law (judgment of 13 November 1984, Case 283/83 …” „… ). A Dashwood and S O ’ Leary (eds), The Principle of Equal Treatment in EC Law ( London , Sweet …”

Elizabeth Wicks Article 2 – Right to Life S. 25-38

„… an individual to degrading treatment. In line with Article 1 ’ s elevation of the principle of human …” „… are almost identical, by introducing the concepts of proportionality and necessity into the …” „… right to life, such as legality, proportionality, necessity and the rights of others. To the extent that …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 725-742

„… the proportionality of national measures which derogate from free movement principles, or otherwise …” „… Article 25 set out in [2007] OJ C303 includes Article 25 in its list of examples of ‘ principles …” „… existence be respected, Article 25 sets out a legal principle that should guide the evolution of EU …”

Paul Torremans Article 17 (2) – Right to Property S. 519-550

„… principles of Community law, such as the principle of proportionality (see, to that effect, Lindqvist at [87 …” „… conditions provided for by law and by the general principles of international law. The preceding provisions …” „… Charter are addressed to the institutions and bodies of the Union with due regard for the principle of …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 1007-1024

„… the Union ’ s policies and activities. Text of Explanatory Note on Article 35 The principles set out …” „… Member States, would, in principle, breach Article 35. B. Interrelationship of Article 35 with Other …” „… greater recourse to health care systems; the principle of non-discrimination (Art 21) applies to respect …”

Steve Weatherill Article 38 – Consumer Protection S. 1065-1084

„… of consumer protection. Text of Explanatory Note on Article 38 The principles set out in this …” „… , 2011 ). N Reich , General Principles of EU Civil Law ( Cambridge , Intersentia , 2014 ). E …” „… principles set out in Article 38 ‘ have been based on Article 169 of the Treaty on the Functioning of the …”

Debbie Sayers Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence S. 1413-1472

„… rights guaranteed by the ECHR are part of the general principles of EU law. A Mowbray , Cases …” „… Article 48(1) The presumption of innocence is a ubiquitous, core principle of the criminal justice …” „… conviction. The principle is derived from, and entrenched within, the constitutional traditions of Member …”

Ruth Lamont Article 24 – The Rights of the Child S. 693-724

„… EU citizenship, by automatic operation of law must still have due regard to the principle of …” „… proportionality and the impact of the loss of status on other family members. This assessment under Article 20 …” „… particular, Article 24 of the Charter and the UNCRC are cited in support of the principle that all decisions …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 743-778

„… Note on Article 26 The principle set out in this Article is based on Article 15 of the European Social …” „… on implementing the principle of equal treatment between persons irrespective of religion or belief …” „… . 15 Directive 2004/113/EC implementing the principle of equal treatment between men and women in the …”

Maria-Teresa Gil-Bazo Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 59-92

„… the principle of mutual trust, which presumes that all EU Member States are safe for asylum-seekers …” „… immigration shall be governed by ‘ the principle of solidarity and fair sharing of responsibility ’ between …” „… fundamental legal principles as enshrined in Article 6(3) of the Treaty on European Union. ’ 11 See MSS v …”

Jeff Kenner, Katrina Peake Article 33 – Family and Professional Life S. 943-984

„… introduces the rights/principles dichotomy, is pertinent, given the features of Article 33(1). The …” „… Explanation to Article 52(5) provides that Article 33 contains ‘ both elements of a right and of a principle …” „… ) supports the contention that this element of Article 33 is a ‘ principle ’ rather than an individual right …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 93-114

„… condition as the defi nitive harm. As with much of the rest of the Charter, in principle Article 5 applies …” „… legal avenues through which to move. They affirm the principle of non-discrimination without insisting …” „… Article 5 Article 5 Prohibition of Slavery and Forced Labour 1. No one shall be held in slavery …”

doi.org/10.5771/9783748913245

No access

Select

Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2014

Results in this title

Valsamis Mitsilegas Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1394-1415

„… refuse cooperation if necessary.86III. Proportionality(a) General Remarks on the Principle of …” „… ProportionalityAccording to the Charter Explanations, Article 49(3) ‘states the general principle of proportionality …” „… ) power.(b) Scope of Application of the Principle of ProportionalityThe principle of proportionality is …”

Index S. 1904-1937

„… innocence, 1278–89proportionality principle, 462rights of the defence, 1289–301Advanced Therapy …” „… personal integrity, 67principles of legality and proportionality, 1353prohibition of torture, 67right to …” „… , 1242, 1248ne bis in idem principle, 1392–99, 1411proportionality, 1367rights of the child, 662, 665 …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1498-1565

„… essence of those rights and freedoms. Subject to the principle of proportionality, limitations may only be …” „… ); the concept of the ‘margin of appreciation’; the principle of proportionality; the reasoning of …” „… Strasbourg principles regarding limitation of the rights except for the principle of proportionality. There …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 354-383

„… different formulations of proportionality as a cross-cutting principle has been well discussed elsewhere.131 …” „… Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The ECHR …” „… the question of proportionality.So, the factual situation will affect the final determination.142 One …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1416-1455

„… to give expression to the principle of proportionality enshrined in Article 49(3) of the Charter.34 …” „… , because the sanctions are not both criminal in nature)36 the principle of proportionality may nonetheless …” „… proportionality. Justifications underpinning the principle are considered to include, protection of the individual …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1204-1219

„… having due regard to the principle of proportionality and fundamental rights. In this way, the Court …” „… the case, and in particular on the application of the principle of proportionality and of fundamental …” „… the EU Charter1172 Eleanor Spaventaand are subject to the principle of proportionality.63 Furthermore …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 816-837

„… procurement] Directives are intended to implement, and be in accordance with the principle of proportionality …” „… Treaty and in accordance with the principle of proportionality. The trade union movement was also shocked …” „… court ruling on the two issues of justification and proportionality.Turning to Laval, the Court …”

Article 17 – Right to Property S. 508-561

„… the Charter), but as a requirement of the principle of proportionality. (b) Legality of Limitations …” „… acknowledged in the jurisprudence of the ECtHR and been derived from the principle of proportionality.106 A …” „… , for instance, has acknowledged that according to the principle of proportionality measures with …”

Niilo Jääskinen Fundamental Social Rights in the Charter—Are They Rights? Are They Fundamental? S. 1746-1757

„… Application of the Principles of Subsidiarity and Proportionality.28 According to Art 15(2), ‘Every citizen of …” „… . Subject to the principle of proportionality, limitations may be made only if they are necessary and …” „… ’ and ‘principles’, provided in Article 52 of the Charter, and which is also reflected in the somewhat …”

Jens Vested-Hansen Article 7 – Respect for Private and Family Life (Private Life, Home and Communications) S. 196-225

„… imposed by compliance with the principle of proportionality. In this connection the Court made the …” „… freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary …” „… fundamental rights as a general principle of EU law, in the field of the competition rules providing for …”

Michele Everson, Rui Correia Gonçalves Article 16 – Freedom to Conduct a Business S. 480-507

„… and freedoms in question, are subject to the principle of proportionality, are necessary and genuinely …” „… with the principle of proportionality, undermines the principles of the traditional concept of the …” „… Union (Oxford, Clarendon Press, 1995).Goldsmith, ‘A Charter of Rights, Freedoms and Principles’ (2001 …”

Appendix S. 1868-1903

„… charged shall be guaranteed.Article 49Principles of legality and proportionality of criminal offences and …” „… those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if …” „… right guaranteed by the ECHR.Paragraph 3 states the general principle of proportionality between …”

Olivier De Schutter The Implementation of the Charter by the Institutions of the European Union S. 1670-1699

„… the name of the principles of subsidiarity and proportionality in all areas in which the competences …” „… , protect, promote and fulfil human rights’ (OP 32).57 On the principles of subsidiarity and proportionality …” „… principles of subsidiarity and proportionality (providing that each national parliament or chamber of a …”

Maarten den Heijer Article 18 – Right to Asylum S. 562-585

„… are prosecuted for non-political crimes or for acts contrary to the purposes and principles of the …” „… crimes, serious non-political crimes, or are guilty of acts contrary to the purposes and principles of …” „… increasingly often employ the principle of the child’s best interests, which is also contained in Article 24 of …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the EU Constitutional Edifice S. 1600-1637

„… total quantity’.29 As to the principle of proportionality, the milk quotas allocated to new producers …” „… discrimination, and respect the principle of proportionality, but it must also comply with fundamental rights …” „… Lisbon, fundamental rights could only be invoked as general principles of EU law, ie they were the …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 164-195

„… threats to public order or safety. All such detention must conform to the principle of proportionality and …” „… provisions on maximum limits of detention were an expression of the principle of proportionality, which is …” „… more efficient the principle of mutual recognition in the area of detention’. 3 European Commission …”

Shazia Choudhry Article 7 – Right to Respect for Private and Family Life (Family Life Aspects) S. 226-265

„… proportionality principle and be based exclusively on the personal conduct of the individual concerned. Such …” „… gender equality,5 which, because it is based on the equal-pay principle (set out in Art 141 of the Treaty …” „… addition, according to Article 8 of that Treaty, equality between women and men is a fundamental principle …”

Erika Szyszczak Article 36 – Access to Services of General Economic Interest S. 1012-1025

„… of the European Union and does not create any new right. It merely sets out the principle of respect …” „… – Access to Services Erika Szyszczak 971C. Sources of Article 36 ‘Rights’ and ‘Principles’Article 36 of …” „… the Charter would fit within the organising concept of a ‘principle’ of the Charter, although the …”

Alan Bogg Article 31 – Fair and Just Working Conditions S. 876-911

„… , 2011).Lord Goldsmith, ‘A Charter of Rights, Freedoms and Principles’ (2001) 38 Cambridge Modern Law …” „… normative weight to affect the application of the proportionality test. There are now also signs that …” „… personal scope of the legal principles under Article 2 ESC. Thirdly, the ECSR has adopted a strict …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 736-751

„… 25 also set out in [2007] OJ C303 includes Article 25 in its list of ‘examples for principles …” „… 20 and 21 and the general principle of equal treatment that forms part of the fundamental norms of EU …” „… ), the United Nations Principles for Older Persons of 1991 (which include 18 recommendations organised on …”

Pekka Aalto, Herwig CH Hofmann, Liisa Holopainen, Elina Paunio, Laurent Pech, Debbie Sayers, Dinah Shelton, Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1240-1319

„… right in its judgment of 15 May 1986 as a general principle of Union law (Case 222/84 Johnston [1986 …” „… December 1992, Case C-97/91 Borelli [1992] ECR I-6313). According to the Court, that general principle of …” „… ) TFEU’ (2010) 35 European Law Review 15.J Engström, ‘The Principle of Effective Judicial Protection …”

Lamin Khadar, Jo Shaw Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1070-1099

„… essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made …” „… 14(3) of the Treaty on European Union. Article 39(2) takes over the basic principles of the electoral …” „… ‘principles of democracy’ within the institutions of the Union.8 On this view, the Maastricht Treaty electoral …”

Allan Rosas The Charter and Universal Human Rights Instruments S. 1728-1745

„… fact, have influenced not only the development of fundamental rights as general principles of Union law …” „… Article 6 TEU and the Charter.This distinction between the principle of respect for human rights as a …” „… the Charter as general principles of Union law, on the other, is not only of philosophical and …”

Angela Ward Article 51 – Field of Application S. 1456-1497

„… those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if …” „… institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and …” „… compliance with the principle of subsidiarity. This provision was drafted in keeping with Article 6(2) of the …”

Titelei/Inhaltsverzeichnis S. 1-43

„… general principles of Community law and protected by the Court and later on stating as sources of …” „… principles the Charter reflects. In addition to this, a series of essays by intellectual leaders in EU …” „… embody important constitutional principles, including the separation of powers and the independence of …”

Diamond Ashiagbor Article 29 – Right of Access to Placement Services S. 838-847

„… the essence of those rights and freedoms’, and also subject to the principle of proportionality.V …” „… development and use of productive resources’.10But even before this, the principle that placement services for …” „… Article 29Article 29 Right of Access to Placement ServicesEveryone has the right of access to a …”

Dagmar Schiek Article 23 – Equality between Women and Men S. 676-703

„… Accordingly, under the principle of proportionality, positive action can only be legitimate if it is necessary …” „… in all areas, including employment, work and pay.The principle of equality shall not prevent the …” „… the principle of equal treatment for men and women as regards access to employment, vocational …”

Shazia Choudhry Article 9 – Right to Marry and Right to Found a Family S. 310-333

„… from discrimination. The principle of equal treatment constitutes a fundamental value of the European …” „… the principle of equal treatment between persons irrespective of racial or ethnic origin [2000] OJ L …” „… amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and …”

Paul Craig Article 41 – Right to Good Administration S. 1112-1141

„… certain general principles of law such as proportionality, legal certainty, or legitimate expectations.111 …” „… institutions or by its servants in the performance of their duties, in accordance with the general principles …” „… principle of law (see inter alia Court of Justice judgment of 31 March 1992 in Case C-255/90 P Burban [1992 …”

Elizabeth Wicks Article 2 – Right to Life S. 68-81

„… of the principle of human dignity, the absolute nature of the prohibition on degrading treatment …” „… are almost identical, by introducing the concepts of proportionality and necessity into the …” „… Rights’ interpretation of the limitations to the right to life, such as legality, proportionality …”

Diamond Ashiagbor Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 466-479

„… of those rights and freedoms’, and also subject to the principle of proportionality. As made clear in …” „… be egregious breaches of the principle in Article 15.Equally, Article 15 also resonates strongly with …” „… to the principles underpinning Article 15.C. Sources of Article 15 RightsI. European Social …”

Article 12 – Freedom of Assembly and of Association S. 384-421

„… and bodies of the Union with due regard for the principle of subsidiarity, and to the Member States …” „… introduction of a legal framework (Guiding Principles, 2008) adopted by the Governing Council for the …” „… EU law. As a fundamental principle of EU law, it will need to be taken into account in the …”

Gabriel N Toggenburg The EU Fundamental Rights Agency and the Fundamental Rights Charter: How Fundamental is the Link Between them? S. 1656-1669

„… principles of EU law—but not the Charter. There is a banal explanation for this omission: presumably, it was …” „… checked the proposal against the presumption of innocence, right of defence, legality and proportionality …” „… principle of non-discrimination (Art 21 of the Charter).35 The latter Charter provision was also central to …”

Debbie Sayers Article 48 – Presumption of Innocence and Right of Defence (Criminal Law) S. 1346-1393

„… of innocence is a ubiquitous, core principle of the criminal justice process, rooted in the need to …” „… of the principle can be harder to define. It relates to both the procedural burden and standard of …” „… by the ECHR are part of the general principles of EU law.3 COM (2006) 174.48.01B48.02B48.03B48.04BArt …”

Catherine Dupré Article 1 – Human Dignity S. 44-67

„… basis of fundamental rights. The 1948 Universal Declaration of Human Rights enshrined this principle in …” „… Principle of Respect for Human Dignity (Strasbourg, Council of Europe Publishing, 1999).* The author is …” „… directives: notably Council Directive 76/207/EEC on the implementation of the principle of equal 3 Council …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 648-675

„… (Arts 3(1), 3(5), 8 TEU). Apart from these guiding principles, a number of Treaty articles expressly …” „… Treaty articles closely related to Article 22 CFR are those that establish the principles of equality and …” „… Council Directive 2004/113/EC, implementing the principle of equal treatment between men and women in the …”

Cathryn Costello Article 33 – Family and Professional Life S. 934-969

„… introduces the rights/principle dichotomy, is pertinent, given the features of Article 33(1). The …” „… Explanation to Article 52(5) provides that Article 33 contains ‘both elements of a right and of a principle’.1 …” „… ) supports the contention that it is a ‘principle’ rather than an individual right. The legal consequences of …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 144-163

„… (including slavery, servitude and forced labour).As with much of the rest of the Charter, in principle …” „… legal avenues through which to move. They affirm the principle of non-discrimination without insisting …” „… Charter rights to fulfil the criteria of legality, proportionality and necessity. Article 52(2) provides …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 752-791

„… Note on Article 26The principle set out in this Article is based on Article 15 of the European Social …” „… on implementing the principle of equal treatment between persons irrespective of religion or belief …” „… 2009 on the proposal for a Council Directive on implementing the principle of equal treatment between …”

Manfred Nowak, Anne Charbord Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 104-143

„… , asylum and immigration shall be governed by ‘the principle of solidarity and fair sharing of …” „… Charbord 65questions linked to the mutual recognition of evidence9 and the principle of mutual recognition …” „… the principle of non-refoulement), and highlights that focus should be placed on ‘assistance by the …”

doi.org/10.5771/9783845259055

Charis Papacharalambous - The Aims of Punishment

No access

Select

Charis Papacharalambous (ed.)

The Aims of Punishment

2020

Results in this title

Artemis Savvidou The Proportionality Principle as Basic Safeguard Regarding Provision and Imposition of Criminal Sanctions S. 85-98

„… The Proportionality Principle as Basic Safeguard Regarding Provision and Imposition of Criminal …” „… held as the archetypal pronouncement of the proportionality principle. The proportionality between …” „… principle of proportionality is thus recognized theoretically as well as within judicial practice. In many …”

Christos D. Naintos Aims of Punishment and Proportionality S. 99-110

„… the positive aspect of special prevention.21 3. The proportionality principle and the aims of …” „… punishment 3.�. The proportionality of punishment In general terms, the proportionality principle (which …” „… severity and ii) the offender’s guilt. It is worth mentioning that the principle of proportionality …”

Titelei/Inhaltsverzeichnis

„… Proportionality Principle as Basic Safeguard Regarding Provision and Imposition of Criminal Sanctions …” „… deals with the principle of proportionality. The author analyzes the principle in its meaning …” „… principle of proportionality might lead them to substantially different results. Supporting thus a theory …”

Demetra Sorvatzioti Why Sentencing Needs a Separate Trial in the Continental System S. 145-166

„… . But even before the inclusion of the proportionality principle in the Code, proportionality was …” „… added the principle of proportionality, the just sentence and the full justification mandate. A (2 …” „… acknowledgment of the harm done to victims or to the community”. Furthermore,proportionality is a fundamental …”

Charis Papacharalambous Penal Populism and the Aims of Punishment. The Emergence of Policed Democracy S. 21-38

„… sanctions, adapt the concrete imposition of the sanction to the proportionality principle. The criteria of …” „… , retributivism in the sense of ‘just deserts’ including proportionality is the mainstream paradigm as to the …” „… theories of punishment. Proportionality is understood both as ordinal (the harmony between crime …”

George Chloupis Organized Criminal Action and Riskiness. Security and Insecurity. The Limits Imposed by the Protection of Human Rights and the Extent to which the Purposes of the Penalty Are Being Served in the Conte... S. 167-184

„… (principles of necessity, avoidance of unreasonable excess, proportionality, suitability, prohibition of …” „… indications or evidence. The principle of proportionality must apply between the rights which are affected …” „… organized crime (principle of proportionality).13 For every action, there generally must be an approval by …”

Athanasia Dionysopoulou EU Criminal Law in the Post-Lisbon Era – Challenges for National Criminal Policy S. 111-120

„… Protocol on the application of the principles of subsidiarity and proportionality.14 In draft legislative …” „… . 2: “Protocol on the application of the principles of subsidiarity and proportionality”. 14 Barrett …” „… acts of the Union, which are forwarded to them, respect the principle of subsidiarity according to the …”

Elisavet Symeonidou-Kastanidou, Yannis Naziris The New System of Penal Sanctions in Greece S. 277-304

„… barely in line with the principle of proportionality. Nevertheless, the combined application of the …” „… utter disregard of the principles of necessity and proportionality, to the effect of inundating …” „… the fundamental principles of necessity and proportionality, which confine the threat of penal …”

Tonia Tzannetaki The Potentially Perverse Effects of Front- and Back-Door Penal Policies. The Greek Example S. 249-276

„… , to gross violations of the principle of proportionality between crime and punishment whilst …” „… for different reasons. These measures are indeed crucial for promoting the principle of “restraint in …” „… proportionality – however broadly one chooses to define its outer limits. Such sacrifices of proportionality …”

Athanasios Chouliaras, Marinos Skandamis The Intensification of the Preventive Rationale in European Criminal Justice Policies: the Evolution of Dangerousness and its Transformation into Risk S. 121-144

„… .17 At the same time, Garofalo asserts that the principle of proportionality between the crime and …” „… law (e.g. the principle of legality, the presumption of innocence, the principle of proportionality …” „… control the most dangerous acts contrary to the principles of legality and proportionality, as …”

Felix Herzog Vindication of Law – The Expressive Signiicance of Punishment in Terrorist Cases S. 15-20

„… tradition. It has always been at conflict with the fundamental principles of law. Therefore those …” „… killing of nonattackers is a fundamental principle of law going back to pre-state roots.5 Preemptive …” „… control of proportionality. Concerning the course of action of the British army towards IRA-terrorists …”

Nestor Courakis Constraints on Deciding Sentence Severity by the Judges in Greece S. 239-248

„… defendants are not judged in an equitable manner nor according to the principle of proportionality existing …” „… of penalties is in Greece, as a general principle, very broad. For example the penalty in case of a …” „… , evidently do violate the basic principles of due process, and the rule of law. Indeed, in such cases the …”

Ioannis Gkountis The Unwarranted Use of Criminal Law as a Tool for Crisis-Management: The Case of Symbolic Criminal Legislation S. 73-84

„… puniendi) must always comply with a strict set of rules and principles that safeguard the individual …” „… of penal statutes which – more often than not – come in contrast with fundamental principles of the …” „… , specifically defining each element of the offense.19 This requirement (which derives from the principle of …”

Andreas Kapardis Punishing the Traffic Offender in Cyprus: Practices, Concerns and Future Directions S. 213-226

„… Canada, USA, Australia, and New Zealand, decide sentence severity on the basis of the proportionality …” „… principle. According to this principle, the penalty must be proportionate to the seriousness of the offence …” „… : Practices, Concerns and Future Directions Andreas Kapardis Professor Emeritus, Department of Law, University …”

doi.org/10.5771/9783748922384

Dafni Diliagka - The Legality of Public Pension Reforms in Times of Financial Crisis

Access

Select

Dafni Diliagka

The Legality of Public Pension Reforms in Times of Financial Crisis

Series: Studien aus dem Max-Planck-Institut für Sozialrecht und Sozialpolitik

Volume 69 2018

Results in this title

Chapter Five: The Principle of Proportionality as a Balancing Concept in Case-Studies of Pension Reforms S. 185-278

„… The Principle of Proportionality as a Balancing Concept in Case-Studies of Pension Reforms The aim …” „… legal provisions, aims pursued, and the principle of proportionality) in cases of pension reforms. So …” „… the principle of proportionality, which is a necessary introductory point for the case-studies. The …”

Bibliography S. 287-300

„… Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR, Antwerp 2002 …” „… Law, in: Ellis, Evelyn (ed.), The Principle of Proportionality in the Laws of Europe, Oxford 1999, pp …” „… , Friso / Schoukens, Paul (eds.), Security: A General Principle of Social Secu‐ rity Law in Europe …”

Titelei/Inhaltsverzeichnis S. 1-14

„… in Case-Studies of Pension Reforms Chapter Five: 185 The Principle of ProportionalityA. 186 …” „… of the EMUIII. 178 Concluding RemarksD. 182 The Principle of Proportionality as a Balancing Concept …” „… Benefits to be Allocated in the Future 2. 112 The Principle of Legitimate Expectations (Protection of …”

Introduction S. 15-25

„… principle of proportionality sets these rules and criteria and may be used as a legal tool and guidance for …” „… principle of proportionality. In a balancing process using the principle of propor‐ tionality, the …” „… principle of legitimate expectations (or protection of confidence); c. the right to equality and …”

Conclusion S. 279-286

„… according to the law; and in a way that complies with the requirements of the principle of proportionality …” „… and principles that may protect the existing and future positions of the pensioners, and thus …” „… application of the principle of legitimate ex‐ pectation, the principle of non-discrimination or through …”

Chapter Three: The Protection of Pensioners’ Existing and Future Legal Positions S. 106-150

„… property that demands non-interference by the legislature within the private sphere. Next, the principle of …” „… Constitution, and holds no supremacy over it. This principle of subsidiarity is inter alia re‐ flected in …” „… subject to the conditions provided for by the law and by the general principles of international law. The …”

doi.org/10.5771/9783845291574

1

2 3 ... 307