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

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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

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

„… LifeEveryone has the right to respect for his or her private and family life, home and communications.Text of …” „… moral aspects of the personal integrity, identity and autonomy of individuals.9Private LifeThe precise …” „… Article 7 (Private Life, Home and Communications)Article 7Respect for Private and Family …”

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

„… Article 7 (Family Life Aspects)Article 7Right to Respect for Private and Family LifeEveryone has …” „… the right to respect for his or her private and family life, home and communications.Text of …” „… private and family life, his home and his correspondence. 2. There shall be no interference by a public …”

Index S. 1904-1937

„… in a third country, 536right to private and family life, 172–74, 192–93voluntary repatriation, 536see …” „… principle, 999remedies, 1000–01respect for private and family life, 986right to life, 986sources of law:EU …” „… proportionality, 1354–58private life, home and communications, 155prohibition of slavery and forced labour, 105 …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 266-309

„… (Right to Respect for Private and Family Life)(a) The Difference between Privacy and Data ProtectionThe …” „… linked to Article 7 of the Charter, which enshrines the right to respect for private and family life …” „… ECHR recognises the right to respect for private and family life, his home and his correspondence. In …”

Appendix S. 1868-1903

„… lifeEveryone has the right to respect for his or her private and family life, home and communications.Article 8 …” „… law.Explanation on Article 7—Respect for private and family lifeThe rights guaranteed in Article 7 correspond to …” „… ECHR: Appendix 1843‘1. Everyone has the right to respect for his private and family life, his home and …”

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

„… better work-life balance: stronger support for reconciling professional, private and family life. This …” „… 33(1) is substantively related to Article 7 on family and private life, the provision which corresponds …” „… . The original Equal Treatment 15 Art 7 EUCFR ‘Respect for private and family life’: ‘Everyone has the …”

Sabine Michalowski Article 3 – Right to the Integrity of the Person S. 82-103

„… integrity is protected by Article 8(1) as part of the right to private life.19 Article 7 of the Charter, the …” „… right to respect for private and family life, is based on Article 8(1) of the ECHR and should therefore …” „… part of the right to private life guaranteed by Article 8 of the ECHR.23II. UN TreatiesAs stressed in …”

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

„… concerns the right to private and family life. This is because its equivalent under the ECHR, Article 8 …” „… concepts of both private and family life as developed by the ECtHR have thus been of particular relevance …” „… Article 8 ECHR (the right to private and family life) which has had an interdependent effect upon the …”

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

„… right to respect for private life contained in Article 7, all of which are concerned with protecting …” „… 3 of the Convention, together with the Article 8 right to private, home and family life and the …” „… , participation in social and cultural life also covers participation in political life.The explanation of Article …”

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

„… Article 22 CFR in the ECHR. The Convention rights to respect for private and family life; freedom of …” „… subsidiary provision. The Title I rights to dignity, life, and physical and mental integrity, and to …” „… liberty and security of person; respect for personal and family life; the protection of personal data; and …”

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

„… are typically invoked through the right to private and family life—ie Article 8 ECHR.31 So Article 7 …” „… independence and private life—see below), but to which persons with disabilities face particular obstacles. The …” „… CFR, the Charter’s expression of the right to respect for private and family life, is also connected …”

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

„… life.A subtle and complex set of distinctions may be a suitable compromise for finding a way out of this …” „… life and dignity’, with special consideration of those family members who are not EU citizens.2 The …” „… ‘Dignity’, namely the right to life (Art 2), the right to integrity of the person (Art 3), the prohibition …”

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

„… ; (c) information society and, in particular, respect for private life and protection of personal data …” „… specific fundamental rights, others are broad policy areas. For instance, the ‘respect for private life and …” „… ‘Information society and, in particular, respect for private life and protection of personal data’ can be …”

Helen Stalford Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 912-933

„… Article 32 is Article 7 regarding the right to protection of private and family life. This is particularly …” „… , their daughter was detained by private individuals at gunpoint, was forced to work and steal, and …” „… public authorities or private institutions, children’s best interests must be a primary consideration …”

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

„… , where the interests of juveniles or the protection of the private life of the parties so require, or to …” „… disappeared in life-threatening circumstances’ constitutes a continuing violation of its procedural obligation …” „… Balthasar, ‘Locus Standi Rules for Challenges to Regulatory Acts by Private Applicants: the New Art. 263(4 …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 422-443

„… —Respect for private and family life. For example, the right to privacy can encompass questions of personal …” „… cultural life;(b) To enjoy the benefits of scientific progress and its applications;(c) To benefit from …” „… with others and in public or private, and to manifest his religion or belief, in worship, teaching …”

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

„… the Charter—such as the right to respect for a person’s private and family life—may not define the …” „… life and that of his children was not by itself sufficient to trigger the application of the Charter …” „… members of an EU citizen who do not have the nationality of a Member State may have on the family life or …”

Ruth Lamont Article 24 – The Rights of the Child S. 704-735

„… Article 7, the right to respect for private and family life, and the legal, social and economic protection …” „… inhuman and degrading treatment,93 and Article 8 on the right to respect for private life, have been …” „… ECHR and the protection of private and family life has already been acknowledged in EU law and is …”

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

„… of the General Principles of EU Law in the Sphere of Private Law’ (2010) 18 European Review of …” „… Private Law 475. D Sarmiento, ‘Who’s Afraid of the Charter?’ (2013) 50 Common Market Law Review 1267. F …” „… in Private Law’ in U Bernitz, X Groussot and F Schulyok (eds), General Principles of EU Law and …”

Article 17 – Right to Property S. 508-561

„… constitutional tradition: the guarantee of private property including protection against …” „… ScopeSince property, other than e.g. human life, does not constitute a natural but a legal phenomenon, it …” „… .38 Property extends to all pecuniary rights39 assigned to the individual in her/his private interest …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 334-353

„… belief and freedom, either alone or in community with others and in public or in private, to manifest …” „… freedom, either alone or in community with others and in public or private, to manifest his religion or …” „… individually or in community with others and in public or private, to manifest his religion or belief in …”

Titelei/Inhaltsverzeichnis S. 1-43

„… .................................................................................................................150Article 7 – Respect for Private and Family Life (Private Life, Home and Communications …” „… ..........................................................................................................153A. Field of Application of Article 7 (Private Life, Home and Communications …” „… .................................................................................................................181Article 7 – Right to Respect for Private and Family Life (Family Life Aspects …”

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

„… rights in Chapter I of the EUCR, namely the right to life (Art 2), the right to the integrity of the …” „… some extent. Article 2(2) stipulates, eg, in the context of the right to life, that no one shall be …” „… elderly ‘to lead a life of dignity and independence’ may be applied, mutatis mutandis, to children and …”

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

„… , 2005).J Elster, ‘Self-realization in Work and Politics: the Marxist Conception of the Good Life’ (1986 …” „… Office, Guide to Private Employment Agencies: Regulation, monitoring and enforcement, Geneva, 2007.D …” „… environment had changed such that private employment agencies may play a legitimate role in a well-functioning …”

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

„… Torella and A Masselot, Reconciling Work and Family Life in EU Law and Policy (Basingstoke, Palgrave …” „… private 23.0323.04Part I – Commentary on the Articles of the EU Charter636 Dagmar Schiekfirst a positive …” „… added, allowing individuals to cooperate in order to ward off private power rather than being forced to …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 994-1011

„… respect for private and family life (Art 7), the right to found a family (Art 9), freedom of thought …” „… ). These include the right to life (Art 2), the right to the integrity of the person (Art 3), the right to …” „… health care. For instance, Article 1 ECHR (the right to life) has been used in proceedings before the …”

Elisa Morgera, Gracia Marín Durán Article 37 – Environmental Protection S. 1026-1047

„… seriously affect their private and family life, or their home;18 and— Article 17 of the Charter on to the …” „… their right to respect for private and family life, are threatened.21 Article 42, however, is the most …” „… to life corresponds to Article 2 ECHR, which has been interpreted as placing a positive obligation on …”

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

„… for private and family life (Art 7); Article 8 on the protection of personal data;19 and the somewhat …” „… obligations. States must ensure that persons are protected from acts by private persons or entities that would …” „… (age-appropriate) cultural life, and to use his or her own language.38 Note that this is a positive obligation …”

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

„… that the medical test was not an infringement of private life at all or was justified by Article 8(2 …” „… private life, but without recognising the source of that right as the ECHR: Case C-62/90 Commission v …” „… from ECHR rights in the event of war or of other public dangers threatening the life of the nation …”

Gisella Gori Article 14 – Right to Education S. 444-465

„… particular private ones, to be free of charge. Nor does it exclude certain specific forms of education having …” „… interpreted in conjunction with the provisions of Article 24. 2. Freedom to found public or private …” „… Application of Article 14Differently from the right to life or the right to liberty and security, any …”

Lorna Woods Article 54 – Abuse of Rights S. 1582-1599

„… interact with all rights and freedoms, but may have particular relevance for: respect for private and …” „… family life (Art 7); freedom of thought, conscience and religion (Art 10); freedom of expression and …” „… freedoms (Art 3), including participation in public life (Art 7).III. Council of Europe Treaties(a …”

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

„… as to the process of private economic planning.12 In turn, however, contractual freedom was also …” „… suffered unwarranted intrusion into their private autonomy, or freedom to contract with their sugar …” „… private contractual relations, and further where they also stipulated the exact forms and procedures to be …”

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

„… subsistence and care ‘necessary for a life of dignity’. Difficult legal assessments arise in conflicts between …” „… conditions, and the protection of family life afforded to the parents. I would also note the right to …” „… working life to the Community agenda as the first question where the Community legislator was confronted …”

Claire Kilpatrick Article 21 – Non-Discrimination S. 622-647

„… private life (Art 8 ECHR) and racial discrimination in relation to education (Protocol 1, Art 2).12The …” „… private individuals) in any area within the limits of the Union’s powers. In contrast, the provision in …” „… or private action, nor does it lay down a sweeping ban of discrimination in such wide-ranging areas …”

Deirdre Curtin, Joana Mendes Article 42 – Right of Access to Documents S. 1142-1163

„… specified, the right of access to documents can also be exercised vis-à-vis documents of private parties in …” „… standardisation bodies or other private regulatory bodies that are involved in EU regulation.8 The expression …” „… democratic life of the Union’ (Title IV of Pt I, Art I-50), the Lisbon Treaty moved this corresponding …”

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

„… particular with the right to respect for private life;54 and at the time the case was decided,55 personal …” „… private life, as guaranteed under Article 8 of the Charter of Fundamental Rights and under secondary EU …” „… ’ right to respect for their private life in general and to protection of their personal data in …”

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

„… threatening the life or wellbeing of the community;(d) any work or service which forms part of normal civic …” „… practices mentioned in Article 5 involve horizontal violations, that is, they are perpetrated by private …” „… : a requirement for states to regulate and prevent the actions of private parties that may violate …”

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

„… against private property. Such an approach generates the subsequent question how to define ‘violence …” „… prevent the free movement of agricultural products from being obstructed by criminal acts of private …” „… state.The principle that Member States could be held liable for their refusal to act againt private …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 848-875

„… livelihoods, reconcile work and private life and maintain social peace.180 It is time for Article 30 to cease …” „… of dismissal from employment can be found in EU legislation concerning family life. Article 10 of the …” „… rights are recognised by Member States.Each of these family life related dismissal scenarios is captured …”

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

„… (respect for private and family life), 10 (freedom of religion), 21 (non-discrimination), 41 (right to good …” „… residence of an asylum beneficiary is further governed by the right to private and family life, as expulsion …” „… their life or freedom is in danger, which is implicit in Article 3 ECHR, corresponding to Articles 4 and …”

Anthony Arnull Protocol (No 30) on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom S. 1638-1655

„… Art 5 TEU.7 See Art 352 TFEU.8 Cf M Poiares Maduro, ‘The Double Constitutional Life of the Charter of …” „… , Ireland secured the inclusion in the Treaty of Maastricht of a protocol on the protection of unborn life …” „… Article 33 (family and professional life), paragraph 2 of which uses the word ‘right’ twice, and Article …”

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

„… criminal procedural standards provides an agreed framework for bringing these commitments to life. These …” „… suspect must also be able to meet his or her lawyer in private and to communicate confidentially.9287 …” „… disqualification, can be imposed for a minor offence but can still have a dramatic impact on the life and …”

Jean-Paul Jacqué The Explanations Relating to the Charter of Fundamental Rights of the European Union S. 1758-1767

„… referred to Article 8 of the Convention (private and family life), inasmuch as the Strasbourg Court …”

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

„… private and family life, home and communications’.19 See M Barbera, ‘The Unsolved Conflict: Reshaping …” „… must be construed with reference to the need for reconciliation of work and life (whether family, civic …” „… , religious, cultural or simply idle leisure). These concerns with the reconciliation of work and life are …”

Robin White Article 34 – Social Security and Social Assistance S. 970-993

„… protection of workers, the prohibition of child labour, health care, professional and family life, access to …” „… him the emergency assistance requested violated respect for his family life (presumably on the grounds …” „… , disability, bereavement, old age or other exigency of life, as well as maternity and child raising.18 …”

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

„… attractive to a private provider. This raises the issue of how far an individual fundamental right could be …” „… and access in private law, EUI Working Papers Law 2011/02, pp 25–26, http://papers.ssrn.com/sol3 …” „… . One example would be the position of Roma in the EU, where their different lifestyle is often used as …”

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

„… designed to ensure protection for those held by private actors such as hospitals and security firms which …”

Paul Gragl Agreement on the Accession of the European Union to the European Convention on Human Rights S. 1768-1867

„… each other. So, for instance, if the right to private and family life is infringed, Article 7 of the …” „… ’, ‘economic well-being of the country’, ‘territorial integrity’, or ‘life of the nation’ appear in Articles 6 …” „… 4.63.3163.3263.33EU Accession to the ECHR Paul Gragl 1749With regard to the other end of its ‘life cycle’, ie its …”

doi.org/10.5771/9783845259055

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Select

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

The EU Charter of Fundamental Rights

2022

Results in this title

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

„… Article 7 (Private Life, Home and Communications) * Article 7 Respect for Private and Family Life …” „… Everyone has the right to respect for his or her private and family life, home and communications. Text of …” „… . Everyone has the right to respect for his private and family life, his home and his correspondence. 2 …”

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

„… Private and Family Life Everyone has the right to respect for his or her private and family life, home …” „… Article 8 of the ECHR: ‘ 1. Everyone has the right to respect for his private and family life, his home …” „… it. The requirement to provide ‘ respect ’ for private and family life, home and correspondence has …”

Appendix S. 1891-1926

„… lifeEveryone has the right to respect for his or her private and family life, home and com-munications.Article …” „… respect for his private and family life, his home and his correspondence.2. There shall be no …” „… of the private life of the par-ties so require, or to the extent strictly necessary in the opinion of …”

Steve Peers Article 3 – Right to the Integrity of the Person S. 39-58

„… to private life. 19 Article 7 of the Charter, the right to respect for private and family life, is …” „… private life guaranteed by Article 8 of the ECHR. 23 II. UN Treaties As stressed in the explanatory …” „… themselves to guaranteeing personal integrity implicitly, for example as part of the right to private life …”

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

„… concerns the right to private and family life. This is because its equivalent under the ECHR, Article 8 …” „… concepts of both private and family life as developed by the ECtHR have thus been of particular relevance …” „… from Article 8 ECHR (the right to private and family life) which has had an interdependent effect upon …”

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

„… , together with the Article 8 right to private, home and family life and the Article 14 right to …” „… vulnerable person lacked a sufficiently clear basis in law, and thus breached her right to a private life …” „… choose their life-style freely and to lead independent lives in their familiar surroundings for as long …”

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

„… better work-life balance: stronger support for reconciling professional, private and family life (COM …” „… Article 7 on family and private life, the provision which corresponds to Article 8 of the European …” „… Article 33 * Article 33 Family and Professional Life 1. The family shall enjoy legal, economic …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 639-666

„… Convention rights to respect for private and family life; freedom of thought, conscience and religion …” „… ‘ fair balance ’ between the various interests at stake. Although the right to family and private life …” „… linguistic diversity was not. Arguably, the right to family and private life does not adequately refl ect the …”

Helen Stalford, Nuno Ferreira Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 923-942

„… Article 32 is Article 7 regarding the right to protection of private and family life. This is particularly …” „… arrived in Italy to fi nd work, their daugh-ter was detained by private individuals at gunpoint, was …” „… children, whether taken by public authorities or private institutions, children ’ s best interests must be …”

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

„… protection of the private life of the parties so require, or to the extent strictly necessary in the opinion …” „… Rules for Challenges to Regulatory Acts by Private Applicants: the New Art 263(4) TFEU ’ ( 2010 ) 35 …” „… ) European Review of Private Law 823 . M Eliantonio ‘ Judicial Review in an Integrated Administration …”

Index S. 1927-1968

„… right to effective remedy, 1299 right to private and family life, 219 voluntary repatriation, 140 …” „… , 188 – 89 Passenger Name Records, 189 Privacy Shield, 187 – 88 respect for private and family life …” „… , 1233 remedies, 1242 – 43 respect for private and family life, 1229 rights of citizenship, 1233 …”

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

„… the Charter. I. Article 7 (Right to Respect for Private and Family Life) (a) The Difference between …” „… private and family life, home and communications. For an international human rights instrument, the …” „… of the Charter, Article 8 ECHR recognises the right to respect for private and family life, including …”

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

„… of private and family life had already been acknowledged in EU law, see Case C-60/00 Carpenter …” „… right to respect for private life, have been interpreted to provide protection for children in private …” „… has breached the right to respect for private and family life under Article 8, affecting the rights of …”

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

„… and Private Life: Sidabras and Dziautas v Lithuania ’ , ( 2005 ) European Law Review 575 . G …” „… absence of any possibility to engage in work can negatively impact the right to private and family life …” „… ; 42 EHRR 104. For analysis, see V Mantouvalou , ‘ Work and Private Life: Sidabras and Dziautas v …”

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

„… dignity, enshrined in Article 1 of the Charter, and the right to respect for private and family life …” „… applicant ’ s private life and the overall aim of the Directive 2011/95 (para 59). With the third type of …” „… costs necessary to lead a life in keeping with human dignity ’ , thus largely endorsing the phrasing of …”

Titelei/Inhaltsverzeichnis S. I-XLIV

„… as regards the right to respect for private and family life and the right to the protection of …” „… ............................................................................................................................... 148Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life …” „… ........................................................................................................................ 151A. Field of Application of Article 7 (Private Life, Home and Communications …”

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

„… can clash with the right to be free of discrimination and the right to respect for private life (Arts …” „… belief and freedom, either alone or in community with others and in public or in private, to manifest …” „… for their private lives, their freedom of religion and their right to be free of discrimination and …”

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

„… typically invoked through the right to private and family life — ie Article 8 ECHR. 34 So Article 7 CFR, the …” „… Charter ’ s expression of the right to respect for private and family life, is also connected to Article …” „… private life as in Article 8 ECHR, especially given the reference to independence. The particular …”

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

„… and Article 17(2) were engaged and on the other the right to private life and respect for personal …” „… right that guarantees protection of personal data and hence of private life. 64. According to recital 2 …” „… signed at Rome on 4 November 4 1950, which guarantees the right to respect for private life, and Article …”

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

„… principle of law. 23 The other rights in Chapter I of the EUCR, namely the right to life (Art 2), the right …” „… the right to life, that no one shall be condemned to the death penalty, or executed. But the absolute …” „… the elderly ‘ to lead a life of dignity and independence ’ may be applied, mutatis mutandis, to …”

Elisa Morgera, Gracia Marín Durán Article 37 – Environmental Protection S. 1041-1064

„… the right to respect for private and family life corresponds to Article 8 ECHR, which has been …” „… from environmental factors that directly and seriously affect their private and family life, or their …” „… appropriate environmental information when their right to life, or/and their right to respect for private and …”

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

„… to working life, their direct applicability in horizontal relations between private employers and …” „… subsistence and care ‘ necessary for a life of dignity ’ . Diffi cult legal assessments arise in confl icts …” „… unfavourable conditions, and the protection of family life afforded to the parents. I would also note the right …”

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

„… are: respect for private and family life (Art 7); Article 8 on the protection of personal data; 23 and …” „… private life and freedom of expression, many of the cases involve commercial speech (especially …” „… positive obligations under Article 19. States must ensure that persons are protected from acts by private …”

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

„… sea ’ ( 2011 ) 48 Common Market Law Review 1055 . M Cremona and H Micklitz (eds) Private Law …” „… Ward , ‘ The External Reach of EU Private Law in the Light of L ’ Oreal v eBay and Google and Google …” „… Spain ’ in M Cremona and H Micklitz (eds) Private Law in the External Relations of the EU ( OUP …”

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

„… does not amend Article 157(4). Select Bibliography P Ahrens , ‘ The Birth, Life and Death of Policy …” „… of rights in so-called private spheres such as the economy and the family, a status social activus …” „… should be added, allowing individuals to cooperate in order to ward off private power rather than being …”

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

„… particular, respect for private life and protection of personal data; (d) judicial cooperation, except in …” „… are worded as specific fundamental rights such as the ‘ respect for private life and protection of …” „… included: data protection (Article 8), private and family life (Article 7), the rights of the child …”

Lorna Woods Article 54 – Abuse of Rights S. 1691-1708

„… private and family life (Art 7); 1 freedom of thought, conscience and religion (Art 10); freedom of …” „… of Private Law 1121 . M Nikoei and M Zamani , ‘ Jurisprudence of Tolerance: Hate Speech …” „… participation in public life (Art 7). III. Council of Europe Treaties (a) Convention for the Prevention of …”

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

„… individual that is the root of Article 3. Article 7 on the right for private and family life corresponds to …” „… private and family life was entitled to be reinstated. 75 Ivanova (n 50). 76 Redfearn v UK App No …” „… involving Article 8 ECHR on the right to respect for private and family life, 74 and Article 9 ECHR on …”

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

„… Journal of Legal Studies 1 . T Nowak , ‘ The Turbulent Life of the Working Time Directive ’ ( 2018 …” „… Barnard (n 2) 558. For a full account of the history, see T Nowak , ‘ The Turbulent Life of the Working …” „… directly by workers against employers, both public and private. The CJEU confi rmed that ruling in a …”

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

„… integrity of the person (Art 3), the right to respect for private and family life (Art 7), the right to …” „… related to human dignity (Art 1 EU CFR). These include the right to life (Art 2), the right to the …” „… the right to health care. For instance, Article 2 ECHR (the right to life) has been used in …”

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

„… victim identification process in place and to protect the private life and identity of victims. 96 States …” „… service exacted in case of an emergency or calamity threatening the life or well-being of the community …” „… involve horizontal violations, that is, they are perpetrated by private individuals 5 —they are rarely …”

Alexander Kornezov The Charter and the General Court S. 1809-1838

„… of expression, 129 the right to property, 130 respect for private and family life, 131 freedom to …” „… which all private parties bring their actions for annulment, the GC has always been on the frontline of …” „… conditions for private applicants and which, at the end of the day, provoked the amendment of Article 263(4 …”

Gisella Gori Article 14 – Right to Education S. 429-448

„… education or vocational and continuing training, in particular private ones, to be free of charge. Nor does …” „… of Article 24. 2. Freedom to found public or private educational establishments is guaranteed as …” „… Application of Article 14 Differently from the right to life or the right to liberty and security, any …”

Albertina Albors-Llorens The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies S. 1735-1756

„… the cornerstone of the EU legal order — entailed that private parties could invoke their EU rights …” „… against — and have obligations enforced against them by — national authorities and other private parties …” „… ]. 21 M Dougan , ‘ The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing …”

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

„… are found in Arts 8, 9, 10 and 11 ECHR and Art 2 of the Fourth Protocol (private and family life …” „… Community limitation standard to the right to private life, but without recognising the source of that right …” „… infringement of private life at all or was justifi ed by Article 8(2) or the Community limitation standards. 34 …”

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

„… the Commission outside the EU argued that this breached Article 7 on the right to respect for private …” „… and family life (because it reduced their opportunity to spend time with their family members located …” „… different aspects of social life, such as employment, education, housing, healthcare or access to services …”

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

„… explicitly to several Charter rights — right to respect for private and family life, the right to protection …” „… Review 362 . O Gerstenberg , ‘ Constitutional Reasoning in Private Law: The Role of the CJEU in …” „… Micklitz (ed), The Many Concepts of Social Justice in European Private Law ( Cheltenham , Edward Elgar …”

Claire Kilpatrick, Hanna Eklund Article 21 – Non-Discrimination S. 613-638

„… right to protect family and private life (Art 8 ECHR) and racial discrimination in relation to education …” „… cover action of Member State authorities (as well as relations between private individuals) in any area …” „… any power to enact anti-discrimination laws in these areas of Member State or private action, nor does …”

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

„… position of commercial actors, as well as to the process of private economic planning. 12 In turn, however …” „… the claimant ’ s plea that they had thereby suffered unwarranted intrusion into their private autonomy …” „… a specifi ed public authority to intervene into private contractual relations, and further where …”

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

„… Biomedicine. (iii) Article 7—Respect for private and family life. For example, the right to privacy can …” „… public or private, and to manifest his religion or belief, in worship, teaching, practice and observance …” „… that: 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy …”

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

„… character, in case of recourse to violence against third parties or against private property. Such an …” „… movement of agricultural products from being obstructed by criminal acts of private individuals. It was …” „… held liable for their refusal to act againt private citizens creating an obstacle to the free movement …”

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

„… of conscience and religion, 116 the right to respect for pri-vate and family life, 117 the right to …” „… Others , 25 the applicants in the main proceedings were employees invalidly dismissed by a private …” „… EU law) — private parties are not explicitly mentioned in Article 51(1) of the Charter as being …”

Mats Lindfelt Article 44 – Right to Petition S. 1199-1210

„… reasons of both general or private interest, and the right to obtain a prompt decision thereon ’ . 8 A …” „… Committee on Petitions has a specifi c role in handling all petitions submitted by private or judicial …” „… democratic life of the European Union. It is one of the means of ensuring direct dialogue between citizens of …”

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

„… security in a democratic society, where the interests of juveniles or the protection of the private life of …” „… respect for private and family life (Article 8) 74 as well as the freedoms of thought, conscience and …” „… for private life (Article 8) of women who wish to wear the full-face veil for reasons related to their …”

Oxana Golynker Article 34 – Social Security and Social Assistance S. 985-1006

„… care, professional and family life, access to services of general economic interest, envi-ronmental …” „… obligation to work without pay for private companies to acquire new qualifi cations. Such claims are unlikely …” „… for his family life (presumably on the grounds that refusal of the assistance threatened the break-up …”

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

„… tradition: the guarantee of private property including protection against arbitrary deprivation of …” „… 17 CFR ’ (n 48) paras 17, 19 (affected in its property like private actors notably if acting on the …” „… referring to a ‘ person ’ which may also include public entities; 48 moreover, as in the case of private …”

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

„… security), 7 (respect for private and family life), 10 (freedom of religion), 21 (non-discrimination), 41 …” „… further governed by the right to private and family life, as expulsion of settled migrants will as a rule …” „… country where their life or freedom is in danger, which is implicit in Article 3 ECHR, corresponding to …”

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

„… to life: commitments which refl ect some of the key component parts of Article 6(3). The Roadmap set …” „… private and to communicate confidentially. 106 Article 14(3)(d) — the Right ‘ to be Tried in his …”

Eileen Denza Article 46 – Diplomatic and Consular Protection S. 1227-1244

„… ‘ non-discrimination, the right to life and integrity of the person, the right to respect for private and family life …”

Doyin Lawunmi The ‘Dublin Regulation’ and the Charter: An Impetus for Change S. 1839-1854

„… applications. Protecting the best interests of the child and respect for family life are primary …” „… disregards the fundamental rights of children in particular: when public authorities or private institutions …” „… interests of the child and the family life of the persons concerned, which are moreover guaranteed in …”

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

„… postal services. The fact that in many Member States basic utilities are provided by private, non-state …” „… the obligations relating to access, to make the USO attractive to a private provider. This raises the …” „… of the EU Charter1036 Erika Szyszczak 49 H-W Micklitz , Social justice and access in private law …”

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

„… private actors such as hospitals and security firms which increasingly supplement state actors in the …”

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26. BVerfGE 109, 279 - Surveillance of Private Homes - inviolable core of private life (2004) S. 329-359

„… violation of the core of private life.Thus, prior to a surveillance measure, the law enforcement authorities …” „… requires that the legislator impose a prohibition to use data relating to the core of private life.The risk …” „… recognises a core of private life, which enjoys absolute protection. Acoustic surveillance of private homes …”

44. BVerfGE 141, 220 - The Federal Criminal Police Office Act - counter-terrorism surveillance powers (2016) S. 684-733

„… satisfy the principle of pro-portionality. Powers that reach deep into private life must be limited to the …” „… provisions for the protection of the core of private life as well as the protection of persons bound by …” „… challenges to the inadequate protection of the core of private life and the surveillance of persons entitled …”

24. BVerfGE 80, 367 - Diary-Like Notes - admissibility as evidence in criminal proceedings (1989) S. 311-321

„… private life.These considerations also apply in cases where private diary-like notes are intended to be …” „… inviolable part of private life which is beyond the reach of public authority (cf. BVerfGE 6, 32 <41>; 389 …” „… interference with this part of private life; its protection is not subject to a balancing of interests under …”

20. BVerfGE 120, 180 - Caroline III - celebrities’ right to their image (2008) S. 244-263

„… published as part of entertainment media coverage concerning their private and everyday life.FEDERAL …” „… showing celebrities in their private life.aa) In its balancing of the interest of the public in obtaining …” „… concern the permissibility of publishing photos in reports on the private and everyday life of …”

40. BVerfGE 120, 274 - Remote Searches - covert searches of private computers (2008) S. 556-586

„… safeguards protecting the core of private life(see 2 c below). The challenged provision is thus void (see 2 d …” „… 10 Act equally lacks safeguards protecting the core of private life.[…]d) The violation of the …” „… the core of private life.4. To the extent that the legislative authorisation is limited to state …”

INTRODUCTORY REMARKS S. 10-22

„… ’ or a ‘private life’ which do not convey what is covered by the general right of personality under the …” „… part of private life that is beyond the reach of public authority (Micro-census). This inviolable core …” „… of private life reflects the human dignity dimension. Introductory RemarksXXVAs summarised in Eppler …”

28. BVerfGE 138, 377 - False Paternity - former legal father’s right to information (2015) S. 372-379

„… particular men. In doing so, the complainant must reveal very intimate matters of her private life. For most …” „… private and intimate spheres and thus also aspects of their sex life and the right to keep these private …” „… life.The Local Court did not attach any importance to the complainant’s general right of personality solely …”

23. BVerfGE 119, 1 - Esra - prohibition of a literary work (2007) S. 284-310

„… closer to the core of private life (engere persönliche Lebenssphäre) as well as its basic conditions (cf …” „… the more a novel affects the core of a person’s private life, in particular their intimate and sexual …” „… mother-daughter relationship in view of the daughter’s life-threatening illness. Either aspect justifies the …”

39. BVerfGE 115, 320 - Profiling - electronic databases for profiling and searches (2006) S. 528-555

„… health or sex life.(bb) The interference with fundamental rights authorised in the statutory basisfor …” „… life.Both these concerns apply to the interferences with fundamental rights linked to electronic …” „… Land or life, limb or liberty of the person. Such electronic profiling is impermissible if it serves as …”

45. BVerfGE 154, 152 - Surveillance of Foreign Telecommunications* - Federal Intelligence Service’s powers to intercept communications of foreigners abroad (2020) S. 734-783

„… private life(see i below), as well as the imposition of deletion requirements (see j below). In addition …” „… protection of the core of private life and deletion requirements.6. Sharing personal data stemming from …” „… protection of the core of private life required by § 11 of the Federal Intelligence Service Act is …”

13. BVerfGE 153, 182 - Assisted Suicide* - right to a self-determined death (2020) S. 162-187

„… respect for private life under Art. 8(1) of the Convention; the Court holds that, while this right may be …” „… right to refuse, of one’s own free will, life-sustaining treatments and thus let a terminal illness run …” „… their own life, and hereby to protect lifeas such. The Basic Law calls for the autonomous …”

25. BVerfGE 90, 255 - Monitoring of Correspondence - screening of prisoners’ personal mail (1994) S. 322-328

„… hopefully you can maintain your normal life-affirming attitude and cheerful nature. At that time, her …” „… protec-tion of the private sphere (Article 2(1) in conjunction with Article 1(1) of the Basic Law), it does …” „… made within the private sphere protected by Art. 2(1) in conjunction with Art. 1(1) of the Basic Law …”

14. BVerfGE 97, 391 - Sexual Abuse Allegations - victim’s right to state their own name (1998) S. 188-196

„… life-changing experience about which the complainant wishes to speak publicly is, however, inextricably linked …” „… requirements.a) The interpretation and application of private law falls to the civil courts, just as it is also …” „… course of applying constitutionally unobjectionable provisions of private law, legal interests that are …”

42. BVerfGE 129, 208 - The Telecommunications Surveillance Revision Act (2011) S. 628-647

„… claim that the core of private life is not sufficiently protected by § 100a(4) first sentence of the …” „… private life in the context of telecommuni-cations surveillance set out in § 100a(4) of the Code of …” „… statutory provision authorising surveillance measures that might affect the core of private life must ensure …”

3. BVerfGE 34, 269 - Soraya - damages for false press reports on personal life (1973) S. 36-47

„… about her private life. The interview had been sold to the magazine by a freelancer; it was purely …” „… held the dissemination of the fictional interview on Princess Soraya’s private life to be an unlawful …” „… entertainment magazine in which events from the plaintiff’s private life were depicted as though she had …”

2. BVerfGE 34, 238 - Secret Tape Recordings - admissibility as evidence in criminal proceedings (1973) S. 28-35

„… has affirmed that the Basic Law recognises, for each citizen, an inviolable part of private life which …” „… private life enjoys absolute protection, and even overriding public interests cannot justify an …” „… proportionality.However, not the entire domain of private life enjoys the absolute protection afford-ed by the fundamental …”

32. BVerfGE 27, 344 - Divorce Files - sharing personal data in disciplinary proceedings (1970) S. 410-414

„… inviolable part of private life which is, in principle, beyond the reach of public authority (BVerfGE 6, 32 …” „… not be infringed upon.b) However, not the entire domain of private life enjoys the absolute protection …” „… of proportionality, unless these infringe upon the inviolable part of private life. In this respect …”

7. BVerfGE 35, 202 - Lebach - prisoner’s right to social reintegration (1973) S. 91-107

„… guarantee everyone an autonomous domain of private life in which they can develop and protect their …” „… , not the entire domain of private life enjoys the absolute protection afforded by the above-mentioned …” „… indefinitely cover the personal life and private sphere of the offender beyond news reporting. Instead, as soon …”

35. BVerfGE 152, 152 - Right to Be Forgotten I* - name searches in online press archives (2019) S. 437-459

„… this fundamental right, including the protection of an inviolable core of private life, the guarantee …” „… of communications, against the dissemination of photos from one’s private life or against …” „… , is becoming increasingly important in the relationship between private actors. In all aspects of life …”

Contents/Introduction S. I-XII

„… Surveillance of Private Homes - inviolable core of private life (2004) 30727. BVerfGE 128, 109 Transsexuals …” „… storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than private …” „… freedom of individual action in a broad sense. This means that there is no area of life that does not fall …”

36. BVerfGE 152, 216 - Right to Be Forgotten II* - claim for dereferencing against search engine operator (2019) S. 460-476

„… account the fundamental right to respect for private and family life under Art. 7 of the Charterand the …” „… for one’s private and family life, one’s home and one’s correspondence – including in particular …” „… of personal data and call for “respect for private life”. Personal data in this sense is understood …”

1. BVerfGE 27, 1 - Microcensus - disclosure of personal data for statistical purposes (1969) S. 23-27

„… recognises, for each citizen, an inviolable part of private life which is beyond the reach of public …” „… inviolable part of private life. This applies at least if the collected data is stripped of its connection to …” „… concern a certain part of private life, it did not compel the survey subjects to disclose information from …”

5. BVerfGE 54, 148 - Eppler - statements falsely attributed to one’s person (1980) S. 56-62

„… personality serves to guarantee the personal sphere that is closer to the core of private life (engere …” „… instance, where a fabricated interview is spread that concerns the private life of the affected rights …” „… general right of personality: individuals should generally – not just in relation to their private life …”

38. BVerfGE 115, 166 - Telecommunications Surveillance - covert investigation of a judge (2006) S. 505-527

„… inviolability of the home. It guarantees individuals a space of private life that is essential to human dignity …” „… within one’s home against state interfer-ence, and serves to shield private life against intrusions (cf …” „… officers had their offices, and from the complainant’s private landline also did not reveal any evidence of …”

41. BVerfGE 125, 260 - Data Retention - service providers’ obligation to retain telecommunications traffic data (2010) S. 587-627

„… unforeseeable insights into citizens’ private life, while they have no immediate knowledge or awareness that …” „… risk that the absolutely protected core of private life could be affected. The collection of the …” „… 20101 BvR 256, 263, 586/081. The precautionary retention of telecommunications traffic data by private …”

30. BVerfGE 89, 69 - Mandatory Medical-Psychological Assessment - conditions for retaining driving licence (1993) S. 389-397

„… private life, must be respected and protected by all state authority (cf. BVerfGE 32, 373 <378 and 379 …” „… closely related to the inviolable part of private life than the purely medical findings obtained in the …” „… inviolable part of private life (cf. BVerfGE 32, 273 <279>; 65, 1 <44> – Census). However, in the present …”

Appendix - Basic Law for the Federal Republic of Germany S. 784-893

„… the moral law.(2) Every person shall have the right to life and physical integrity. Freedom of the …” „… against their will to give religious instruction.(4) The right to establish private schools shall be …” „… guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the …”

22. BVerfGE 114, 339 - Stolpe/Stasi Dispute - injunctive relief against ambiguous defamatory statements (2005) S. 272-283

„… private life (engere persönliche Lebenssphäre) as well as its basic conditions (cf. BVerfGE 54, 148 <153 …” „… originating from third parties. When applying provisions of private law that give effect to such protection …” „… Law.a) Private law gives effect to the general right of personality by allowing claims for injunctive …”

27. BVerfGE 128, 109 - Transsexuals VIII - no surgery requirement (2011) S. 360-371

„… core of private life (engere persönliche Lebenssphäre), which also encompasses intimate sexual matters …” „… their private sphere (cf. BVerfGE 107, 27 <53>).b) However, the fact that a person’s sex under civil …” „… . While it may be possible in everyday life to avoid revealing one’s sta-tus as a spouse, under …”

43. BVerfGE 133, 277 - Counter-Terrorism Database Act I - sharing of data between police and intelligence services in a joint security database (2013) S. 648-683

„… .>; 109, 279 <306> – Surveillance of Private Homes; established case-law). However, it must be presumed …” „… 10 Act; 109, 279 <375 and 376> – Surveillance of Private Homes; 110, 33 <69>). When assessing whether …” „… means applied nor by other means (cf. BVerfGE 109, 279 <377> – Surveillance of Private Homes; 120, 351 …”

4. BVerfGE 49, 286 - Transsexuals I - legal sex (1978) S. 48-55

„… their domain of private life may follow from their co-existence with others, insofar as this domain does …” „… characteristics, which are innate and unchangeable. This principle not only governs all of social life, but the …” „… -2728293031323334of leading an ordinary and assimilated life as a woman. The inconsistency between appearance and …”

6. BVerfGE 65, 1 - Census - informational self-determination and modern data processing (1983) S. 63-90

„… :] § 10(1) All natural persons and legal persons incorporated under private law, com-mercial partnerships …” „… research, and other relevant groups of public life rely on census results. Moreover, census results serve …” „… them to disclose information on their private housing situation, as provided for in § 3(2) in …”

15. BVerfGE 115, 1 - Transsexuals V - change of first name (2005) S. 197-206

„… core of private life (engere persönliche Lebenssphäre), which also encompasses intimate sexual matters …”

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Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… persons with roles in public life in everyday or private contexts. Judgment of the First Senate of 15 …” „… daily and private life of prominent persons. I. 1. The defendant in the original proceedings, the …” „… but concerned her private life in the broader sense. An interest worthy of protection to be presented …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… complainant’s freedom of marriage. This fundamental right protects the innermost sphere of private life; the …” „… international private law, whose function is in fact to enable those concerned to make appropriate lifestyle …” „… German international private law and the application of foreign law invoked thereby in individual cases …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… private life on which the state can have no influence (BVerfGE 5, 85 (200, 204); Judgment of 16 January …” „… only a “classic fundamental right” guaranteeing the protection of the specific private sphere of …” „… fundamental provision, i.e. a binding value determination pertaining to that entire realm of private and …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… , they allege a claim to be able to conduct their family life without interruption in the Federal …” „… members living in the Federal territory or to forgo familial life together with them in the Federal …” „… a family (see BVerfGE 31, 58 (67)) and the right to marital and familial life. aa) The …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… . Marriage may not be left at the disposal of one spouse. The principle of life-long marriage was said to …” „… and Article 20 of the Basic Law. It was said to be not compatible with the principle of life-long …” „… Basic Law was said to be based on the principle of life-long marriage and its indissolubility. It was …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… to a life-long obligation between parents and children to afford assistance to one another. By …” „… everything was destroyed for him. “I have a boundless hate for six people who have destroyed my life by their …” „… respect, guaranteed by Article 2.1 of the Basic Law, for the right of development in the private sphere is …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… includes all the necessities of life, is in principle determined by the matrimonial circumstances. The …” „… , interferes excessively in the sphere of their private lives and does not take account of the fact that …” „… fundamental provision for the whole area of private and public law concerning marriage. It must be presumed …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… latter, the authority to make joint decisions in matters of the child’s everyday life, known as “limited …” „… directive effect for the whole area of public and private law. In this context, Article 6.1 of the Basic Law …” „… competent authority is to take when a civil partnership is created. Formal requirements on private …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… continuing his marriage as a life-long relationship between partners having equal rights in Germany must be …” „… institutional guarantee and a fundamental provision that determines values for the whole sphere of private and …” „… their life together, the freedom of both spouses to decide to live together in Germany 134 merits …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… claim of a social assistance recipient existing under private law passes by operation of law to the …” „… result in considerable financial disadvantages, endangering her own support, for the rest of her life …” „… life of the person owing support. Similarly, the court held, it could not be assumed on the basis of …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… in many cases. In 1998, persons in need of long-term care living in private households on average had …” „… be neither practicable nor transferable to private obligatory long-term care insurance. The design of …” „… only one reason among several to opt for benefits in kind. Almost 90 per cent of private households in …”

Index S. 937-956

„… Basic Law 276 – life-long, principle of 142-143, 147 – protection of 81, 96, 132, 149, 245, 541, 559-561 …” „… Federal Republic 245 · of spouses and family members 255, 261, 272, 274-275, 281-282, 284 – life, focus of …” „… frequently occurring manifestations 588 C care 937 – and upbringing in household life 259 – maintenance 641 …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… to have taken on the unpredictable, life-long maintenance obligation of the father towards the unborn …” „… . She unavoidably incurs a change in her lifestyle and life planning with the child. New tasks …” „… obligation to largely release the father for life from any maintenance obligations towards their as yet …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… life in which the parents were still able to shoulder their parental responsibility jointly proves to …” „… outcome which they wished for in practical terms by means of private arrangements (Bundestag printed paper …” „… of everyday life do not require joint custody if the child’s parents are divorced … is however …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… the nature of the area of life regulated upon to take marriage as a reference point for such a …” „… social existence against the vicissitudes of life (see BVerfGE 11, 105 (117)); in its present …” „… insurance law as against private maintenance law. Namely, were there to be no link between the two …”

BVerfGE 96, 56 Order of the First Senate of 6 May 1997 – 1 BvR 409/90 “Case concerning information about father’s identity” Decision regarding the obligation of a mother to provide information to her adult illegitimate child about the identity of the biological father S. 364-371

„… sphere of private life is affected, individuals have to accept restric- 367 tions imposed in the …” „… is no interference with the inviolable sphere of private life since the relationship about which …” „… interest against the complainant’s interest in protecting her private sphere resulted in the plaintiff’s …”

BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… private life. The tenant’s entitlement to establish and continue an unmarried civil partnership derives …” „… manifestation of social life. This however does not necessarily rule out the supposition of the Regional Court …” „… obligation of tolerance during the life of the tenant is not equivalent to the obligation to continue, after …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… respect and protect 764 human dignity ensure that every individual has an independent area of private life …” „… of private life. The encroachment has the primary goal of clarifying whether the child is the product …” „… private laboratory, based on test samples consisting of his saliva and a piece of chewing gum which he …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… the moral law. (2) Every person shall have the right to life and physical integrity. Freedom of the …” „… against their will to give religious instruction. (4) The right to establish private schools shall be …” „… guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… respect for private and family life. He submitted that carrying out a forced adoption in disregard of the …” „… encroachment upon private and family life in violation of Article 8 of the Convention, the State party is under …” „… respect for family life. He stated that he had the right to bring up his son himself. b) In a judgment of …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… allow the wife, who was thirty-two years old, in good health and childless, to live the life of a …” „… working life had not been interrupted. For this reason, § 1361.2 of the Civil Code requires that the …” „… value determinations for the whole area of private and public law relating to marriage and the family …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… included in the inviolable core area of private conduct of life since it has a significant social …” „… private conduct of life. It is restricted pursuant to Article 2.1 of the Basic Law through the …” „… child against his will, this constitutes an encroachment on his right to have his private sphere …”

Titelei/Inhaltsverzeichnis S. I-XXVIII

„… private use a fee is payable to »Verwertungsgesellschaft Wort«, Munich. Die Deutsche Nationalbibliothek …” „… : Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage …” „… – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… devoted herself to child-rearing. From 1989 she had then wished to reintegrate into working life, and had …” „… Article 3.2 of the Basic Law protects marriage as a life community of equal partners (see Decisions of the …” „… spouse, has equally characterised marital life. If this contribution, which is not expressed in a …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… responsibility for the development of the child enabling it to live a responsible life in this society (see …” „… plan and realise their family life ideas as they see fit, and in particular may decide within their …” „… maintenance is not to be placed on an equal legal footing with the private meeting of needs, which is why the …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… private defence counsel for the son of the complainant submitted a pleading on 6 February 2001, which led …” „… upbringing by their parents and seek to guide minors to a life free of crime (see BVerfGE 74, 102 (124-125 …” „… . 600 The disciplinary effect on the minor where the goal is that he or she lead a life free of crime in …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… life. In this respect, “obligatory contributions are deemed to have been paid” (§ 56.1 sentence 1 of …” „… equalisation of family burdens, it remains the case that child-raising is regarded as a private matter, whilst …” „… since the benefits would have been much lower for a long time. Because of their lower life expectancy …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… because by these means a civil servant with several children cannot achieve the position in life to which …” „… servant with several children cannot achieve the position in life to which he or she is entitled, or can …” „… Vereins für öffentliche und private Fürsorge – NDV 1995, p. 1 (p. 10, C. IV. b); BVerwG, Judgment of 20 …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… the lesser priority given to the private-law, legal-transaction element in favour of emphasising the …” „… better life than his brother descending from the same progenitor. In the view of the court, the child is …” „… order in childhood, i.e. in the first years of life, and above all the emotional neglect which this …”

doi.org/10.5771/9783845237534

Sandra Seubert, Peter Niesen - Die Grenzen des Privaten

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Sandra Seubert (ed.), Peter Niesen (ed.)

Die Grenzen des Privaten

Series: Schriftenreihe der Sektion Politische Theorie und Ideengeschichte in der DVPW | Studies in Political Theory

Volume 16 2010

Results in this title

Aagje Ieven Privacy: juridification and justification S. 131-145

„… private life, testifies of a similar trend. But are the benefits of the juridification of a right to …” „… privacy worth the disadvantages? A legal right to privacy or private life was first institutionalized to …” „… , ultimately, of private life itself. Moreover, to enforce the right, one needs to make all those aspects of …”

Sigrid Baringhorst, Veronika Kneip Konsumbürger im Netz – Politische Partizipation zwischen Privatheit und Öffentlichkeit S. 235-251

„… Konsumhandlungen demonstriert, was Unternehmen nutzen, um ihre Produkte mit Hilfe eines „life-style-branding …” „… 235 Konsumentenbürger im Netz – Politische Partizipation zwischen Privatheit und …” „… verbundenen Grenzverschiebungen im Verhältnis von Privatheit und Öffentlichkeit erläutert werden soll. Erstens …”

Arnd Pollmann Schmerz, lass’ nach. Die körperliche Hülle als Schauplatz autodestruktiver Privatisierung S. 163-181

„… die augenfällige Zunahme extremen Life-Stylings zu ergründen, drängt sich dem Beobachter bzw. der …” „… Teil IV Erosionen des Privaten: Perspektiven der Sozialkritik 165 Schmerz, lass’ nach …” „… Stimmungsaufheller, neurologisches Gehirndoping etc. Hier geht es um Techniken aktiven life stylings, d.h. um …”

Jörn Lamla „Consumer Citizen“. Privatheit und Öffentlichkeit in der Verbraucherdemokratie S. 217-235

„… ihre Produkte mit Hilfe eines „life-style-branding“ (Cohen 2003: 299) kulturell und moralisch …” „… Teil V Die neue Unübersichtlichkeit: Privatheit und Medienkulturen 219 …” „… “ Privatheit und Öffentlichkeit in der Verbraucherdemokratie1 Jörn Lamla Gegenwärtig ist ein …”

Sandra Seubert Warum die Familie nicht abschaffen? Zum spannungsvollen Verhältnis von Privatheit und politischem Liberalismus S. 89-106

„… 89 Warum die Familie nicht abschaffen? Zum spannungsvollen Verhältnis von Privatheit und …” „… Privaten: hier wollen wir unser Leben mit Personen, die uns wichtig sind, möglichst selbstbestimmt …” „… darstellen kann. Die Familie steht an der Schnittstelle von Privatheit und Öffentlichkeit und es mag daher …”

Beate Rössler Privatheit und Autonomie: zum individuellen und gesellschaftlichen Wert des Privaten S. 41-59

„… 41 Privatheit und Autonomie: zum individuellen und gesellschaftlichen Wert des Privaten Beate …” „… der Aufmerksamkeit gerückt ist, wie das Thema des Privaten. Noch vor 30 Jahren gab es kaum …” „… Grenzlinien zwischen privaten und öffentlichen Bereichen. Doch es sind vor allem die technologischen …”

Thomas Schramme Körperernte: Organentnahme bei lebenden Personen jenseits von Spende und Handel S. 181-193

„… unter dem Gesichtspunkt der Privatheit. Freiwillig vorgenommene Körpermodifikationen sind, so wird …” „… . Körpernormen und Privatheit Der eigene Körper ist wie kein anderer Raum oder Gegenstand der Inbegriff des …” „… Privaten. Eingriffe in die körperliche Unversehrtheit gegen den Willen des Betroffenen stellen die …”

Sabine Berghahn Kulturelle Differenzen zwischen Öffentlichkeit und Privatheit – eine Überforderung für das Recht? S. 107-131

„… the European Convention on Human Rights (ECHR), which protects the right to respect for private life …” „… disadvantages? A legal right to privacy or private life was first institutionalized to “keep the state out” of …” „… its courts and judges, shapes the contours of the right to privacy and, ultimately, of private life …”

doi.org/10.5771/9783845221311

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