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The European Court of Human Rights (ECtHR) has been called on to adjudicate on disputes as disparate in character as the legal systems of the parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Many cases involving the right to a fair trial guaranteed by Article 6 have proved highly controversial. This chapter will review some of the recent...
This article discusses the protection of individuals within criminal justice cooperation procedures in the European area of freedom, security and justice. The reign of the mutual recognition principle in the criminal justice area has minimised the defence rights of suspects and of accused persons. Under the 2009 Roadmap on Procedural Rights, three directives have already been adopted, which seek to...
The implementation of the requirement of double criminality in the European Arrest Warrant Framework Decision is one of the fields where the strength of the principle of mutual recognition in criminal matters is put to the test.There are differences between the transposition modalities of the different Member States and diverse interpretations in the case law of the European Court of Justice (CJEU)...
The “Renckhoff” judgment follows a prolific series of decisions, mainly on the right to communication to the public. However, it also provides us with new insights on six different levels: the concept of originality, the analysis of economic rights, the concept of a ‘new public’, the limits to the CJEU’s hyperlinking case law, the prototype of the “diligent copyright holder” and the scope of application...
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