Category Archives: Fundamental or Human Rights

Kevin O’Sullivan, ‘Copyright and Internet Service Provider “Liability”: The Emerging Realpolitik of Intermediary Obligations’

Abstract Online service providers are increasingly the focus of renewed efforts to enforce copyright online in the European Union (EU). Traditionally, these providers benefitted from safe-harbour immunity to the extent that their role in assisting online enforcement was relatively minimal. In light of recent proposals for reform, and the spread of the ‘blocking injunction’ in […]

Call for Papers: ‘Judges in Utopia: Civil Courts as European Courts’

We would like to invite young scholars to submit a paper for the upcoming conference entitled ‘Judges in Utopia: Civil Courts as European Courts’, which will take place in Amsterdam on 7 and 8 November 2019. Proposals addressing the following issues and themes are particularly welcome, as are inter-disciplinary, theoretical and case-study based approaches: the […]

‘A brief introduction to the concept of privacy under English law, Part II’

“In Part II we consider the legislative framework under English law which enshrined privacy and the recent development of the action for misuse of private information, which underpinned as privacy as a value. The right to privacy was codified into legislation at European Union level in the European Convention of Human Rights, which provides a […]

‘Civil legal aid as a constitutional imperative: A response to Lord Sumption’

“Having prefaced his tenure as a Supreme Court Justice with a controversial lecture that (as Sir Stephen Sedley put it) he used ‘to reprove the judiciary which he was about to join for failing to keep out of the political arena’, the end of Lord Sumption’s judicial career is now marked by an address that […]

‘A brief introduction to the concept of privacy under English law, Part I’

“Many doctrines under English law form due to common law, also known as judge-made or case law, where a series of legal cases create and form doctrines or principles which underpin legal rights. Privacy emerged as a notion in common law in the 18th century, developing through cases, until in the 20th century it became […]

Maria Tzanou, ‘The Unexpected Consequences of the EU Right to Be Forgotten: Internet Search Engines As Fundamental Rights Adjudicators’

Abstract The right to be forgotten as established in the CJEU’s decision in Google Spain is the first online data privacy right recognized in the EU legal order. This contribution explores two currently underdeveloped in the literature aspects of the right to be forgotten: its unexpected consequences on search engines and the difficulties of its […]

Brigitte Feuillet-Liger, ‘The Case for a Limited Use of Dignity as a Legal Principle’

Abstract This international study reveals that, although it is not legally recognized by all countries, the concept of dignity attracts universal interest. Nevertheless, in those states which do recognize dignity, it is a tool which can be used not only for strengthening and increasing rights and freedoms but also for restricting them. This in-depth examination […]

‘Corporate Origins and Corporate Rights: American Law and the Corporation’

Adam Winkler, We The Corporations: How American Businesses Won Their Civil Rights (2018). In We The Corporations, constitutional law scholar Adam Winkler reaches out to the public with a sweeping account of the role and place of the corporation in the creation and ongoing evolution of the American Constitution. This is a work designed to […]

Gonçalo Almeida Ribeiro, ‘The Effects of Fundamental Rights in Private Disputes’

Abstract This Essay articulates two intertwined points about the effects of fundamental rights in private disputes. First, it presents a case against the doctrine of direct horizontal effect, although not on the familiar grounds that it places individual freedom in jeopardy. It argues instead that legislative mediation instantiates values of legal certainty, deliberative idleness, and […]

‘Direct Horizontal Effect of the EU Charter of Fundamental Rights: CJEU Bauer

“In its recent judgment in the joined cases of Stadt Wuppertal v Bauer and Willmeroth v Broßonn, the Court of Justice of the EU for the first time explicitly recognised the direct horizontal effect of a Charter provision in a dispute between private parties governed by an EU Directive …” (more) [Judges in Utopia, 16 […]