This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.
Basic human rights, like freedom of expression, freedom of the press, and privacy, are being radically transformed by new technologies. The manifestation of these rights in online spaces is known as “digital rights,” which can be impeded or empowered through the design, governance, and litigation of emerging technologies. Design defines how people encounter the digital world. Some design choices can exploit the right to privacy by commodifying attention through tactics that keep users addicted to maximize profitability; similar design mechanisms and vulnerabilities have facilitated the abuse of journalists and human rights advocates across the globe. But design can also empower human rights, providing novel tools of resistance, accountability, and accessibility, as well as the inclusion of previously underserved voices in the development process. The new capabilities offered by these technologies often transcend political boundaries, presenting complex challenges for meaningful governance and regulation. To address these challenges, collaborations like the Internet Governance Forum and NETmundial have brought together stakeholders from governments, nonprofits, industry, and academia, with efforts to address digital rights like universal internet access. Concurrently, economic forces and international trade negotiations can have substantial impacts on digital rights, with attempts to enforce steeper restrictions on intellectual property. Private actors have also fought to ensure their digital rights through litigation. In Europe, landmark cases have reshaped the international management of data and privacy. In India, indefinite shutdowns of the internet by the government were found to be unconstitutional, establishing online accessibility as a fundamental human right, intimately tied with the right to assembly. And in Africa, litigation has helped ensure freedom of speech and of the press, rights that may affect more individualsas digital technologies continue to shape media. These three spheres—design, diplomacy, and law—illustrate the complexity and ongoing debate to define, protect, and communicate digital rights. Om het artikel te kunnen lezen moet het gekocht worden: https://oxfordre.com/internationalstudies/display/10.1093/acrefore/9780190846626.001.0001/acrefore-9780190846626-e-694?rskey=n09nus&result=4
