The Link between the Eu and the Echr (Published)
The ECHR has played a major role in incorporating the ECHR as part of the EC’s general principles, which assured the EU and its institutions to look at issues from the perspective of human rights. The ECHR has considered the convention as an unwritten human rights record in the EU. However, this was not enough to avoid the uncertainty in protecting human rights in the EU. The Treaty of Amsterdam for the first time became a general reference to the convention. An important step is considered Article 6 (2) of the Amsterdam Treaty. With the new status of the Charter following the Treaty of Lisbon, there are two international human rights documents belonging to the two supranational organizations, closed: on the one hand, the Council of Europe and the ECHR convention with the jurisprudence of her and in turn the Card inspired more by the ECHR and its jurisprudence. The question posed by this point is: Is the Charter a competitive or a threat to the convention system? Does the Charter come as an alternative to the Convention on the Protection of Human Rights in the EU?
Keywords: ECHR, EU, Human Rights, Treaty of Lisbon
Defamation and Other Torts Affecting the Reputation According United Kingdom Legislation and Jurisprudence (Published)
Everyone living in a society has a reputation and self-respect in the society and wants to exercise this without any interference from others. The tort of defamation is to protect individuals right of reputation in the society from being exploited and provides individuals with the actions which can be brought in the courts of law if they have been defamed by the publishment of an statement that is untrue about them and has an effect on the reputation of the individual in front of the society. There are some torts which have been developed to compensate for damaged reputations, just as others have emerged which compensate for bodily injury. In addition to compensation, equally important is the need for injunctions to prevent threatened damage to the reputation. The relevant torts are libel, slander, injurious falsehood, malicious prosecution. In this paper I will analyze the diverse types of torts in relation with UK legislation and jurisprudence in comparison with ECHR jurisprudence, in the light of recent developments of case-law.
Keywords: Article 10 ECHR., Damage, Defamation, ECHR, Reputation, Tort