Tuesday, 31 January 2023
Monday, 30 January 2023
Thursday, 26 January 2023
The new Danish judge will be Anne Louise Haahr Bormann. she has professional experience in working at the Danish Ministry of Justice, including heading its law department. Subsequently, she has also worked in the Danish judiciary at various levels, including as a Supreme Court Judge and as Vice-president of the Labour Court. She was also Vice-chair of the Press Complaints Board in Denmark.
Wednesday, 25 January 2023
Here is a brief summary of the event:
"An unprecedented number of member States have requested permission to intervene in the case Ukraine v. Russia (X) before the European Court of Human Rights. The significance that can be ascribed to these interventions goes beyond a mere expression of solidarity with Ukraine. Not only are these third-party interventions a timely and much needed opportunity for States to express their support for the European regional human rights system and convey legitimacy to the later judgment. The procedural instrument under Art. 36 § 2 ECHR also provides States the prime opportunity to express views on the interaction of international humanitarian law and human rights law in the wake of Georgia v. Russia (II). In this edition of the “Völkerrechtliche Tagesthemen”, Justine Batura and Isabella Risini discuss the context and value of the third-State interventions.
A critical assessment of this phenomenon will be part of the presentation. While it is true that more than half of all member States of the Council of Europe have expressed interest in intervening as third-party in Ukraine’s application concerning the Russian full-scale invasion in February 2022, it is also worthwhile noting that the States in question also could have submitted their own application against Russia. Member States’ interest in this conflict, which started back in 2014, is also relatively recent."
To register for this event, you must send an email to tagesthemen[at]wsi.uni-kiel.de.
Monday, 23 January 2023
Thursday, 19 January 2023
'Freedom of expression is enshrined in the European Convention on Human Rights and protects citizens from interference with their right to freely express their opinions. This freedom is essential when it comes to the electoral process which, like any competition, has a strict framework of rules. Freedom of expression must not give rise to hate speech that would undermine the electoral process by polluting the campaign and political debate necessary for voters to make an informed choice.
This toolkit is intended to explain the international standards applicable in this respect, provide tools and strategies that can be used by election management bodies to counter hate speech harmful to free electoral competition and describe the Georgian experience in this area.'
Wednesday, 18 January 2023
Taxation at the European Court of Human Rights is a first-of-its-kind to critically analyse over 500 of the European Court of Human Rights (ECtHR’s) important ‘tax cases’, which create a human rights code of conduct for European Convention on Human Rights (ECHR) State Signatories in matters involving taxation. Albeit the ECHR mentions taxation only once – and in a context that, rather than conferring rights, limits their application – references to public prerogatives pertinent to taxation are present in several of the ECHR’s articles, giving rise to an implied normative framework that has influenced the tax jurisprudence of the ECtHR. Especially given the enormous impact of the famous Yukos cases, the ECtHR has made it abundantly clear that tax policies of State Signatories must be regularly stress-tested against the requirements of the Convention.
In this book, relevant articles of the ECHR are each addressed by a detailed analysis of successful and non-successful tax cases flowing from it. The following invaluable knowledge base and guidance on the ECHR’s relevance to taxation have been furnished:
- the ECHR’s legal concept ‘margin of appreciation’ and the ECtHR’s supervisory jurisdiction in taxation matters;
- the legal avenues to impugn tax measures based on Article 1 of Protocol 1 ECHR and other articles of the ECHR;
- the lines of defence hampering judicial activism in the tax arena;
- the concept of ‘emergency’ in tax policy;
- the effects of tax penalty classification and retrospectivity;
- the right to a fair trial in tax disputes; and
- the extent tax policy may hamper the right to privacy and other fundamental human rights.
In elaborating on the nexus between taxation and human rights, this book proves to be a vital contribution to a crucial element of the ongoing debate focusing on the tax-related jurisprudence of the ECtHR. With its practice-oriented tax policy rulebook drawn from the judgments of the ECtHR, tax practitioners and in-house counsel will approach any case with cognisance of its human rights implications and constitutional consequences.