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Rule of Law
The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen. Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and policy debates, so that mutual trust and mutual recognition, the principle guiding EU criminal cooperation, are firmly grounded in the framework of defending and sustaining the inextricably linked values of democracy, the protection of fundamental rights and the rule of law. The inaugural lecture, just like the award of the Chair, is a testament to Professor Bárd's immense contribution towards understanding and defending the rule of law in Europe in challenging times. Professor Valsamis Mitsilegas
Rule of Law: Sustainability and Mutual Trust in a Transforming Europe
The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen. Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and policy debates, so that mutual trust and mutual recognition, the principle guiding EU criminal cooperation, are firmly grounded in the framework of defending and sustaining the inextricably linked values of democracy, the protection of fundamental rights and the rule of law. The inaugural lecture, just like the award of the Chair, is a testament to Professor Bárd's immense contribution towards understanding and defending the rule of law in Europe in challenging times. Professor Valsamis Mitsilegas
The Teleos and the Anatomy of the Rule of Law in EU Infringement Procedures
The article proves a long-lasting legacy of Martin Krygier's work on the rule of law. Taking the European Union as a case study, and specifically--the recent infringement action concerning the judicial independence in Poland, the article addresses the point (teleos) of the rule of law, the conditions the institutions need to fulfill to make this point, and institutional measures that help to meet these conditions in the EU as a whole and its Member States. It argues that the rule of law can be achieved via various paths, but there is general agreement on when its basic elements such as the guarantees against arbitrary removal of judges are missing. Therefore, it concludes, the EU does not need to determine the anatomy of national institutions, but it needs to remain vigilant against such modifications that put at risk the effectiveness of EU law, and the judicial protection of individual rights in particular.
How to Build and Consolidate a Partly Free Pseudo Democracy by Constitutional Means in Three Steps
With Orbán's autocratic constitutional revolution in mind, one may distinguish between three main legal steps when it comes to establishing and consolidating a partly free, pseudo democracy in a country where a democratic regime based on the rule of law was previously said to be consolidated: (i) Rewrite the constitution to make it 'autocracy-compatible'; (ii) Organise a legislative blitzkrieg, allegedly in the name of implementing the new constitutional order, so as to conceal a process of capture (or dismantlement) of all national checks and balances; (iii) Make a strategic use (when necessary) of the constitution and/or the (captured) constitutional court to further consolidate and/or defend the new autocratic constitutional order. The lessons one may draw from Hungary's descent into authoritarianism under Orbán may help designing more resilient systems so as to prevent additional countries from experiencing a similar deliberate process of democratic and rule of law backsliding, which in the Hungarian case, has resulted in the transformation of a previously consolidated democracy into a partly free, pseudo democracy.
'Am I Independent?' - A Hungarian Judge Asks the CJEU in a Struggle Against Judicial Capture
A criminal proceeding has been suspended by a Hungarian judge of the Pest Central District Court in a case where a Swedish national was charged with criminal offences with firearms. He brought weapons lawfully held in his home country without the requisite permission to the territory of Hungary.
The Legal Regulation of Biobanks - National Report
Authors describe and analyze the protection of genetic data in the field of biomedical research and the forensic use of genetic data in Lithuania.
The Legal Regulation of Biobanks
This paper is an overview and analysis of the relevant Greek laws on data protection, and on genetic research.
Reloading Data Protection
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences : the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection.
