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Sarah Raveling - Self-Representation Before International Criminal Tribunals

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Sarah Raveling

Self-Representation Before International Criminal Tribunals

Series: Schriften zum Internationalen und Europäischen Strafrecht

Volume 11 2014

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Proportionality of the restriction and right to be heard S. 311-313

„… strike inorder to pressure the tribunal.IV. Proportionality of the restriction and right to be heardAn …” „… October2006, para.52.311to be taken into account is the right of the accused to be heard on the …” „… additional matter to be considered in the context of restricting the exerciseof the right to …”

Regional jurisdictions S. 34-45

„… guarantees that are to be safeguarded in any criminal proceedings, including the right of the accused“to be …” „… ; to be informed, if he does not havelegal assistance, of this right; and to have legal assistance …” „… detention withoutbeing given effective opportunity to be heard promptly by a judicial or other authority. A …”

Titelei/Inhaltsverzeichnis S. 2-12

„… IV. Proportionality of the restriction and right to be heard313V. Balance of interests3141. The right …” „… Verlagsgesellschaft, Baden-Baden 2014. Printed in Germany. This work is subject to copyright. All rights are reserved …” „… 2010, T.2380. Preface/VorwortThe right to defend oneself in person touches upon fundamental issues …”

“Clean slate” principle S. 307-311

„… be heardAn additional matter to be considered in the context of restricting the exerciseof the right …” „… ” after theearlier decision reinstating his right to self-representation.1317 Notably, theappeals chamber …” „… heldthat the defendant’s right to self-represent had been “fully restored”.1319According to the appeals …”

National jurisdictions S. 16-34

„… accused request to exercise the right to conducttheir defence in person, it may be sufficient for upcoming …” „… have to be amended in order to address thepractical implications of the exercise of the right to …” „… right, to be followed by a de-16scription and examination of the status quo. Before addressing the …”

Obstruction of the proceedings S. 278-305

„… ofobstructionist behaviour will eventually be the trigger for imposing restrictions on the exercise of the right to …” „… rights as not being constituent parts of a fair trial that have to be respected, which is why they have …” „… overall right to a fair trial, as the right to self-representation wasone of the minimum guarantees to be …”

Adequate time and facilities for self-represented accused S. 167-245

„… theEuropean Court of Human Rights,672 to require that each party be accordedthe opportunity to present …” „… prosecution, the right to adequate time and facilities should not be equatedwith provision of financial aid to …” „… The scope of a “full” active and passive understanding of a language willstill have to be …”

doi.org/10.5771/9783845250878

Bucura C. Mihaescu Evans - The right to good administration at the crossroads of the various sources of fundamental rights in the EU integrated administrative system

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Bucura C. Mihaescu Evans

The right to good administration at the crossroads of the various sources of fundamental rights in the EU integrated administrative system

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 7 2015

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I. “The right to be heard” as a sub-component of good administration S. 153-192

„… the multiple fundamental rights’ sources in the EU legal order. “The right to be heard” as a …” „… between the right to good administration and the right to be heard in administrative proceedings (A …” „… assessment will end with some concluding remarks on the interrelation between the right to be heard and good …”

Titelei/Inhaltsverzeichnis S. 1-30

„… assessment of the various sub-components of the right to good administration, such as the right to be heard …” „… right to be heard” as a sub-component of good administration I. 153 “The right of access to the …” „… be heard” as a sub-component of good administration I. 153 The right to be heard in the EU legal …”

3. Substance of the right to good administration and other interrelated issues which highlight the importance of the right to good administration in the EU legal order S. 479-510

„… right to good administration in the EU legal order The right to be heard as a sub-component of good …” „… administration1998”. The “personal”, “material” and “institutional” scope of the right to be heard as a GPL and …” „… administration in general, the codification of the right to be heard in Article 41 CFR implies various …”

II. Case study of the right to good administration as a GPL and as a CFR right S. 64-153

„… of the Union. 2. This right includes: (a) the right of every person to be heard, before any …” „… , the right to be heard, the right to have access to files, or the obligation to give reasons for …” „… administration as a GPL and as a CFR right 81 “The right to be heard” is also held to be directly relevant to …”

2. Sub-principles of the right to good administration and implications stemming from their juxtaposition S. 475-479

„… impartially, fairly and within a reasonable time, the right to be heard, the right to have access to files, or …” „… in the EU legal order The right to be heard as a sub-component of good administration Article 41(2)(a …” „… ) CFR states that the right to good administration includes “the right of every person to be heard …”

III. “The obligation of the administration to give reasons for its decisions” as a sub-component of good administration S. 259-294

„… may understand1110. Further, the “right of access to the file/documents”, the “right to be heard”/the …” „… 41. 965 See e.g. Itai Rabinovici, ‘The Right to be Heard in the Charter of Fundamental Rights of the …” „… München-Mitte [1991] ECR I-5469, paras 25-28. 969 For further details, see Chapter I. ““The right to be heard …”

V. “The right to damages” as a sub-component of good administration S. 331-392

„… For further details in this regard, see Chapter I. “The right to be heard” as a subcomponent of good …” „… )), “the right to be heard” ((4)) and the "right to have a motivated decision” ((5)). b. 1348 Joined Cases …” „… infringement of its “right to confidentiality” and “right to be heard” for the purposes of Article 41 CFR, in …”

II. “The right of access to the file/documents” as a sub-component of good administration S. 192-259

„… the Union judge and which requires that the right to be heard be complied with at the national level …” „… right to be heard and more generally, of the rights of the defence. The right of access to the file is …” „… to be heard701, constituting a sort of “Achilles’ heel of the EU protection of the rights of the …”

1. The right to good administration at the confluence of its protection as a GPL and as a CFR right S. 471-477

„… ” of good administration in Article 41 CFR – namely the individual’s right to be heard, the right of …” „… administration highlights that even in relation to what might appear to be the same right, there are considerable …” „… right to determine the language to be used, the right to claim damages and last but not least the right …”

Index S. 567-574

„… file(s) see access to the file(s) – to be heard/to a (fair) hearing 160-192, 479-483 – to good …” „… principle of legitimate expectations Explanations to the Charter of Fundamental Rights of the EU 66, 78, 82 …” „… , 423 hearing, fair see right to a (fair) hearing hierarchical …”

IV. “The right to languages” as a sub-component of good administration S. 294-331

„… may understand1110. Further, the “right of access to the file/documents”, the “right to be heard”/the …” „… consecration under the heading of the right to good administration may be held to be the consequence of the …” „… – interlinked with language rights. For instance, the “right to a reasoned decision” may not be held to be …”

I. Problematic aspects stemming from the confluence of the various sources of fundamental rights S. 49-64

„… General Bot in MM137. In analyzing the scope of protection of the right to be heard as a sub-component of …” „… will be devoted to the relation between fundamental rights such as they are defined in the Charter and …” „… (Art. 40(3)(2)). These rights may be held to be part of the constitutional identity of Ireland. Part 1 …”

Introduction S. 31-49

„… the right of every person to be heard before any individual measure which would affect him or her …” „… instances where, even in relation to what might appear to be the same right, there are overlaps and …” „… right will be carried out. Within this assessment, important issues – such as the input of the right to …”

Bibliography S. 511-567

„… Right to be Heard in Composite Administrative Procedures: Lost in Between Protection?’(2011) 36 European …” „… Rabinovici I, ‘The Right to be Heard in the Charter of Fundamental Rights of the European Union’ (2012) 18 …” „… (Bruxelles, Bruylant 2011), pp. 249-323 511 Balan E, The Right to a Good Administration and its Impact on …”

VI. “The principle of care” as a sub-component of good administration S. 392-469

„… be heard”1575. This principle has also, in certain instances, been linked to the “right of access to …” „… give rise to a “right to damages”1579. For the purposes of this study, it will be argued that in spite …” „… application of these concepts – which are an integral part of the right to good administration – will be …”

doi.org/10.5771/9783845267982

Hans-W. Micklitz, Thomas Roethe - Produktsicherheit und Marktüberwachung im Ostseeraum

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Hans-W. Micklitz, Thomas Roethe

Produktsicherheit und Marktüberwachung im Ostseeraum

Series: Schriftenreihe des Instituts für Europäisches Wirtschafts- und Verbraucherrecht e.V.

Volume 26 2008

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Dänemark S. 65-79

„… d) The right to be heard by the company …” „… , violates other fundamental principles of administrative law, e.g. the right to be heard (re the Maritime …” „… authority’s discretionary powers. d) The right to be heard by the company Pursuant to the Act § 20, subsection …”

Norwegen S. 149-171

„… ) The producer’s right to be heard …” „… justifies the issuance of a public warning. d) The producer’s right to be heard The Product Control Act …” „… itself does not regulate the producer’s right to be heard before a public warning is published. Hence …”

Finnland S. 93-115

„… provisions of CSA maybe applied directly. e) The right to be heard by the authorities? The application of …” „… the right to be heard defined in Chapter 6, Section 34 of the Administrative Procedure. Section 34 …” „… on its decision…”. The right for the entrepreneur to be heard can only be waived in special …”

Schweden S. 191-209

„… ) The entrepreneur’s right to be heard …” „… Administration and the National Electrical Safety Board.e) The entrepreneur’s right to be heard Under section 16 …” „… entrepreneur is to be heard, and given the chance to voluntarily take action (section 32 of the PSA).If there …”

Estland S. 79-93

„… ) The degree of risk which must be met in order to trigger the public warning? .... 105 e) The right to …” „… which they supply, enabling them to be informed of risks which these products might pose, as well as to …” „… cent) appeared to be dangerous. It is interesting to note that the toys and personal protective …”

Litauen S. 131-149

„… ) The producer’s right to be heard …” „… that the chosen measure and its consequences have to be proportionate to the danger caused by the …” „… authorities for illegal action as well as for the failure to act. The damage occurred has to be causally …”

Deutschland S. 43-65

„… d) The right to be heard by the company …” „… (Verbraucherinformationsgesetz – VIG) provide for wide discretionary powers and consumer rights to information. The GPSG falls …” „… ................................................... 67 1. Requirements to be met before the competent authority can issue a public warning ....... 67 a …”

Polen S. 171-191

„… ) The entrepreneur’s right to be heard …” „… been made”. 10 “Information contained in the register of dangerous products shall be available to the …” „… . The level of intervention is more or less the same. No concrete danger must be given in order to …”

doi.org/10.5771/9783845206943

Wolfgang Däubler, Reingard Zimmer - Arbeitsvölkerrecht

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Wolfgang Däubler (ed.), Reingard Zimmer (ed.)

Arbeitsvölkerrecht

2013

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Filip Dorssemont The dramatic implications of sindicatul păstorul cel bun v. Romania for the German “Kirchliche Tendenzbetriebe” Would God mind if the shepherd and the sheep would go on strike? S. 188-200

„… ’ interests, id est the right to be heard. The Court now suggests that the refusal to register a trade union …” „… protection of workers interests. The Court has subsequently recognized the right to be heard, the right to …” „… right to be heard will not alter the balance of power between church authorities and the people working …”

Jan Buelens The effectiveness of collective action in the light of international standards: the case of Belgium S. 311-323

„… had the right to work and that suppliers should be able to deliver to the company. At first the …” „… limitations, the unilateral application cannot be considered as a fair procedure. The restriction to the right …” „… right to strike can only be assessed in the context of international human rights treaties. In applying …”

doi.org/10.5771/9783845249216

Thomas Pfeiffer - Rechtsvergleichende Untersuchung des Verbraucherinformationsrechts

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Thomas Pfeiffer (ed.)

Rechtsvergleichende Untersuchung des Verbraucherinformationsrechts

Series: Privatrecht - Wirtschaftsrecht - Verfahrensrecht

Volume 4 2013

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: Länderbericht Dänemark S. 203-212

„… the general right to be heard before a decision is made, cf. § 19 of the Administrative Procedures …” „… were a violation of the right to be heard in a case that was not considered urgent, a violation of the …” „… violating the right to be heard and the dangers of public disclosure of inspection results irrespective of …”

: Länderbericht der Vereinigten Staaten von Amerika S. 387-434

„… to economic interests protection, a the right to redress wrongs and to be heard, and a right to …” „… , and farm workers have a right to be warned about the use of pesticides in agricultural areas. 9 …” „… right to receive information from government even if that information may be available from the company …”

: Länderbericht Großbritannien S. 255-322

„… another statutory provision such as those relating to consumer rights. The information must be available …” „… principle is to give citizens the right to access information held by public authorities unless this can be …” „… information which the consumer would not be able to obtain in the absence of an independent subsisting right …”

doi.org/10.5771/9783845236339

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