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The legitimacy of area-based restrictions to maintain public order : giving content to the proportionality principle from a European legal perspective Universiteit Gent Universiteit Antwerpen
This contribution aims to provide a first exploratory analysis of the criteria that must be taken into account by national authorities when considering the proportionality of public order measures restricting the individual's fundamental right to freedom of movement, such as area-based restrictions. The content of the proportionality principle as regards area-based restrictions is not always clear, in particular at European human rights level, ...
The right to social assistance for economically inactive migrating Union Citizens: the Court disregards the principle of proportionality and lets the Charter appease the consequences Universiteit Antwerpen
The Dinghy’s Rudder: General Principles of European Union Law through the Lens of Proportionality KU Leuven
The German Constitutional Court Judgment on Data Retention: Proportionality Overrides Unlimited Surveillance (Doesn’t It?) Vrije Universiteit Brussel
On 15 March 2006, the Data Retention Directive, demanding the retention of telecommunications data for a period of six months up to two years, was adopted. Since then, this seemingly straightforward directive has 'generated' quite an impressive number of court judgments. They range from the European Court of Justice to the administrative (e.g. Germany and Bulgaria) and constitutional courts (e.g. Romania) of some Member-States. In particular, ...
Abuse of Rights in European Patent Law – Reconsidering the principle of the prohibition of abuse of rights as an internal correction mechanism against over-enforcement practices by right holders KU Leuven
Contextualisation: Over-enforcement practices and the search for a solution. Intellectual property (IP) laws were designed to provide an incentive for creative, inventive, and entrepreneurial efforts by offering exclusive rights to individuals. In order to reach the objectives of these substantive laws and to protect the exclusive rights granted, effective means of enforcement of intellectual property rights (IPRs) are of paramount importance. ...
Freedom-restricting measures in times of crisis: Giving shape to the legality principle from a European human rights perspective Universiteit Antwerpen
This paper looks into the principle of legality under the European Convention on Human Rights (ECHR) with regard to measures restricting the individual in his fundamental right to liberty of movement, imposed in view of the corona (COVID-19) crisis. COVID-19 has created an exceptional global health crisis, which has given rise to an amount of exceptional measures taken by the affected States. These measures can be questioned as to their ...
Proportional representation, Gini coefficients, and the principle of transfers KU Leuven
While various authors have appealed to Dalton's Principle of Transfers, the Lorenz curve, and the Gini Coefficient to assess disproportionality in proportional representation systems, some additional clarifications are warranted with regard to these concepts and their proper application to the disproportionality issue. This article shows that the three concepts keep their full power and internal consistency if one considers the proportional ...
Discussion on the application of European Arrest Warrant to the Case of Puigdemont Vrije Universiteit Brussel
The advantage of the European arrest warrant in the case of Puigdemont mianly lie in that it reduced the political dispute in a political sensitive case. This advantage is mainly achieved through abolishing the exception of political offence, removign the mainl role of executive authorites in surrender and applying the double criminality check to rebellion and sedition. But the Puigdemont surrender case also expoes several problemsm relating to ...