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Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (ed.), Halvard Haukeland Fredriksen (ed.), Hans Petter Graver (ed.), Ola Mestad (ed.), Christoph Vedder (ed.)

Agreement on the European Economic Area

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Christian Jordal, Gjermund Mathisen Article 61 [Prohibition of state aid, exemptions] S. 585-598

„… 2: State aid Article 61 [Prohibition of state aid, exemptions] 1. Save as otherwise provided in …” „… the Commission. By Article 61 Prohibition of state aid, exemptions Jordal/Mathisen 585 1 2 3 issuing …” „… Decision No 44/11/COL, 15.2.2011. 17 Case C-159/91, 17.2.1993, Poucet and Pistre. Article 61 Prohibition of …”

Martin Hennig Article 50 [Prohibition of discriminatory rates or conditions for carriage of goods] S. 521-522

„… Article 50 [Prohibition of discriminatory rates or conditions for carriage of goods] 1. In the …” „… different conditions for the carriage of within the EEA Area. The prohibition applies to all carriers of …” „… goods falling within the scope of Chapter 6. A similarly worded prohibition is found in Art. 95 TFEU …”

Martin Hennig Article 51 [Prohibition of State aid in the form of favorable rates or conditions] S. 522-524

„… , exchange information and to consult each other during the investigation.7 Article 51 [Prohibition of State …” „… authority shall take the necessary decisions within the framework of its internal rules. 3. The prohibition …” „… thus be regarded as a specification of the general state aid prohibition in EU and EEA law.1 …”

Gunnar Thor Pétursson Article 10 [Customs duties and charges having equivalent effect] S. 286-289

„… similar rules in the EEA Agreement.1 Therefore, Art. 10 sets out a complete prohibition. As the …” „… ff. of the EC Treaty.2 As Art. 12 TEC was finally replaced by a complete prohibition through the …” „… equivalent effect was necessarily complementary to the prohibition against customs duties, aimed at measures …”

Martin Hennig Article 49 [State aid in the transport sector] S. 518-521

„… Area 520 Hennig 5 Article 50 [Prohibition of discriminatory rates or conditions for carriage of goods …” „… different conditions for the carriage of within the EEA Area. The prohibition applies to all carriers of …” „… goods falling within the scope of Chapter 6. A similarly worded prohibition is found in Art. 95 TFEU …”

Ronny Gjendemsjø Article 53 [Agreements, decisions and concerted practices] S. 526-546

„… . Introduction Art. 53 contains the prohibition of anti-competitive agreements and it is the EEA equivalent of …” „… Art. 101 TFEU. It consists of three paragraphs. The first paragraph contains the prohibition, the …” „… prohibition in the first paragraph. As mentioned in the introductory comments to Chapter 1 of Part IV of the …”

Gunnar Thor Pétursson Article 12 [Quantitative restrictions on exports and measures having equivalent effect] Quantitative restrictions on exports S. 299-301

„… exclusively through credit card payments. The ECJ held that these rules fell afoul of the prohibition in Art …” „… . 29 TFEU, since ‘even if a prohibition such as that at issue in the main proceedings is applicable to …” „… preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of …”

Peter-Christian Müller-Graff Article 34 [Right of establishment for companies] S. 434-450

„… prohibition applies not only to public measures but also to specific private measures.30 Hence the EFTA Court …” „… Article 31 EEA.’32 Prohibition of restrictions Paragraph 1 of Art. 31(1) EEA contains the general …” „… prohibition of restrictions on the freedom of establishment of nationals of an EEA State in any other of these …”

Gunnar Thor Pétursson Article 11 [Quantitative restrictions on imports and measures having equivalent effect] Quantitative restrictions on imports S. 289-299

„… Finally, it should be mentioned that Art. 10 also refers to the prohibition of customs duties of a fiscal …” „… at limiting discriminatory measures to covering a prohibition of any form of restrictive measures …” „… Art. 34 TFEU, referred to Dassonville5 and took over the Dassonville formula: the prohibition of …”

Martin Hennig Article 14 [Internal taxation: No fiscal discrimination of imported goods] S. 311-322

„… and the tax level of individual product groups.2 Article 14 supplements the prohibition in Art. 10 on …” „… customs duties and other charges of equivalent effect. The latter prohibition would inevitably be …” „… . Thus, the essential role of the prohibition on discriminatory taxation in terms of complementing the …”

Ronny Gjendemsjø Introduction to the competition rules applicable to undertakings S. 525-526

„… the prohibition of anti-competitive agreements and it is the EEA equivalent of Art. 101 TFEU. It …” „… consists of three paragraphs. The first paragraph contains the prohibition, the second paragraph renders …”

Ronny Gjendemsjø Article 60 [Specific provisions on undertakings] S. 584-585

„… 25/67 are referred to. Chapter 2: State aid Article 61 [Prohibition of state aid, exemptions] 1. Save …” „… guidelines correspond to the guidance provided by the Commission. By Article 61 Prohibition of state aid …”

Finn Arnesen Article 18 [Technical barriers to trade in agricultural products] S. 336-337

„… restrictions on imports in Art. 11 EEA. The EFTA Court did however not agree, and held that the prohibition of …” „… unwritten exceptions to the prohibitions against hindrances to free movement are only applicable in the …”

Gunnar Thor Pétursson Article 8 [Free movement of goods, scope of application] S. 270-281

„… prohibitions in Art. 10 (custom duties and charges having equivalent effects); Arts. 11 to 12 (quantitative …” „… (arrangements for fish and other agricultural products); Art. 25 (safeguard measures); Art. 26 (prohibition of …” „… Swedish Gourmet case40 before the ECJ, as it concerned the prohibition of advertisement for alcohol in …”

Ólafur Jóhannes Einarsson Article 33 [Exemptions] S. 423-434

„… regarding labour law would fall under this umbrella, except issues such as prohibition on slavery.7 However …” „… held that even if the fact that the prohibition came within the scope of Art. 345 TFEU, this could not …” „… contained an absolute prohibition on privatisation and contrasted that with previous cases, for example …”

Ronny Gjendemsjø Article 55 [Supervision] S. 555-558

„… the Commission with the competence and duty to enforce the prohibitions in Arts. 53 and 54 EEA. The …” „… Commission and ESA have the power to enforce the prohibitions in Arts. 53 and 54. It is perhaps obvious, but …”

Gunnar Thor Pétursson Article 9 [Origin of goods] S. 281-286

„… .1 Therefore, Art. 10 sets out a complete prohibition. As the transitional periods found in Community …” „… Treaty.2 As Art. 12 TEC was finally replaced by a complete prohibition through the Treaty of Amsterdam …”

Karl Harald Søvig Article 70 [Equal treatment of men and women] S. 683-690

„… retirement age of 62 years, but the Seamen’s Act also contained a general prohibition on age discrimination …” „… provides for a general prohibition on discrimination. 1 See also the comments by Tynes on Art. 96 mn. 4-6 …”

Marthe Kristine Fjeld Dystland, Ida Sørebø Article 7 [Binding effect and implementation of EU legal acts] S. 248-270

„… in a way that goes against the prohibition on discrimination in Art. 4 EEA.53 ESA relies on case law …” „… principle of equality is also expressed in several articles in the Agreement, with Art. 4 on the prohibition …” „… (ed), Handbook of EEA Law, p. 361 and case law cited. For more on the prohibition of discrimination …”

Martin Hennig Article 52 [Charges for crossing the borders] S. 524-525

„… quantitative restrictions and “measures having equivalent” effect as well as the prohibition on internal tax …”

Titelei/Inhaltsverzeichnis

„… the transport sector .......................................Article 49 518 Contents XVII Prohibition …” „… .............................................................. Article 50 521 Prohibition of State aid in the form of favorable rates or conditions …” „… ................................Article 60 584 Chapter 2: State aid Prohibition of state aid, exemptions …”

Tarjei Bekkedal Article 59 [Public undertakings, services of general economic interest] S. 568-584

„… Member States must establish regulatory structures that respect the prohibition of discrimination and …” „… the benefit of a specific, privileged company it will go hand in hand with a prohibition for other …” „… companies to engage in the same activity. A prohibition is a straightforward restriction to free movement …”

Ole-Andreas Rognstad Article 65(2) [Intellectual property rights] S. 641-659

„… TEUF, confirms that the prohibitions on import and export restrictions in Arts. 11 and 12 may be …” „… line with case law of the General Court – that the prohibition in Art. 3(1)e)iii) of the TMD 2008 …” „… answer to the two last questions – that the prohibition on registering descriptive trade marks applies to …”

Finn Arnesen Article 17 [Veterinary and phytosanitary measures] S. 335-336

„… restrictions on imports in Art. 11 EEA. The EFTA Court did however not agree, and held that the prohibition of …”

Tron Løkken Sundet Article 66 [Improvement of working conditions] S. 659-660

„… answer to the two last questions – that the prohibition on registering descriptive trade marks applies to …”

Tron Løkken Sundet Article 71 [Social dialogue] S. 690-691

„… Europe have been reluctant to ratify Protocol No 12, which provides for a general prohibition on …”

Ólafur Jóhannes Einarsson Article 30 [Recognition of diplomas, certificates] S. 391-400

„… Liechtenstein, is of interest. The case concerned a prohibition imposed on so-called Dentisten to work in a …” „… was difficult to see how a prohibition in Liechtenstein on the 3 Dir. 99/42 establishing a mechanism …”

Ronny Gjendemsjø Article 54 [Abuse of a dominant position] S. 546-555

„… . 54 contains the prohibition of abuse of a dominant position and is the EEA equivalent of Art. 102 …” „… TFEU. It consists of two paragraphs. The first paragraph contains the prohibition, while the second …”

Finn Arnesen Article 19 [Liberalization of trade in agricultural products] S. 337-338

„… prohibitions against hindrances to free movement are only applicable in the absence of relevant harmonisation …”

Gunnar Thor Pétursson Article 27 [Provisions concerning coal and steel products] S. 367-369

„… provided for in the Protocol itself. Art. 2(2) further stipulates that prohibitions on quantitative …”

Gunnar Thor Pétursson Article 13 [Exemptions] S. 301-311

„… prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality …” „… industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means …”

Jonas W. Myhre Article 16 [State monopolies of a commercial character] S. 323-335

„… is clear that the two Articles lay down the same precise obligation as to the prohibition of …” „… consequences of a prohibition was presented by the Netherlands and not sufficiently rebutted by the Commission …”

Finn Arnesen Article 20 [Fish and marine products] S. 338-341

„… Protocol 9.8 As with customs duties, there are no prohibition against quantitative restrictions and …”

Per Christiansen Article 46 [Exchange of views and information] S. 497-500

„… economic policy fields. The prohibition of discrimination on grounds of nationality may for example …”

Article 124 [Non-discrimination of investments] Henrik Bull S. 939-942

„… understood not only as prohibitions against discrimination based on nationality, but 1 See Cesare …”

Ingvald Falch Article 4 [Non-discrimination on grounds of nationality] S. 196-209

„… prohibitions it contains are directed only at the Contracting Parties and/or the institutions set up by the …” „… consequences of breaches of its prohibition. Clearly, looking forward to potential breaches not yet committed …”

Convention establishing the European Free Trade Association EFTA Convention S. 1103-1125

„… Article 7 shall not preclude prohibitions or restrictions on imports, exports or goods in transit …” „… prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised …”

Index S. 1125-1141

„… 34 10, 11 – loss of legal personality II 34 30 – primary establishment II 34 24 – prohibition of …” „… secrecy II 122 1 – liability II 122 6 Prohibition of discrimination II 7 45 Proportionality II 36 29 …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… prohibition against discrimination on grounds of nationality follows also from the general prohibition set out …” „… the general rule,153 implying a prohibition against negotiation in the period between tender …”

Karin Fløistad Article 28 [Free movement of workers] S. 369-385

„… members’ right of residence in the Union citizen’s home Member State is based on the prohibition on …” „… observed in the ECJ case law regarding the concept of a worker. The extent of the prohibition on …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… on services, such as the prohibition on discrimination and the principle of proportionality found …” „… provide services. 23 The general prohibition on discrimination on grounds of nationality still applies, cf …”

Halvard Haukeland Fredriksen Article 111 [Dispute resolution in the EEA Joint Committee] S. 865-883

„… obligations under the Agreement.63 The practical effect of a possible prohibition on rebalancing measures is …” „… . 79 More precisely Dir. 94/19/EC on deposit-guarantee schemes and the general prohibition on …”

Margrét Einarsdóttir, Ragnhildur Helgadóttir Iceland and the EEA S. 13-35

„… prohibition of indirect taxation, which is intended to protect similar domestic products of the Contracting …” „… parties. Two questions posed by Landsbankinn hf. pertained to whether the prohibition as set out in Act No …”

Halvard Haukeland Fredriksen EEA law in and beyond the text of the Main Part of the EEA Agreement S. 124-145

„… general prohibition against discrimination on grounds of nationality (Art. 4 of Part I) and the basic …” „… ); the principle of equality enshrined in the prohibition to discriminate on grounds of nationality (Art …”

Finn Arnesen Article 119 [Annexes and Protocols as integral part of the Agreement] S. 912-919

„… with the EC legislation as set out in Appendix 1 to the Protocol. Hence, the prohibition of ‘other …”

Pål Wennerås Article 6 [Homogeneity] S. 209-248

„… issue here, but some examples may be provided. Scope of prohibitions One feature of the case law is that …” „… the EFTA Court has extended the prohibitions on restrictions of free movement and competition compared …” „… prohibition on agreements restricting competition under Art. 53 EEA. The Albany doctrine in EU law, having …”

Dora Sif Tynes Article 108 [The ESA and the EFTA Court: Establishment and competences] S. 840-852

„… prohibition decisions and to impose fines on undertakings in breach of the competition rules. In the field of …”

Tron Løkken Sundet Article 68 [Labour law] S. 664-677

„… of the prohibition in Art. 17(1)(b). A worker who chooses not to consent to derogation from Art. 6 …”

Ólafur Jóhannes Einarsson Article 36 [Freedom to provide services] S. 450-470

„… with the EEA Agreement.32 In Gourmet,33 the ECJ had dealt with a similar Swedish prohibition under both …”

Benedikt Pirker Switzerland and the EEA S. 80-101

„… Main Part, in particular the general prohibition of discrimination on grounds of nationality89 and a …”

Ólafur Jóhannes Einarsson Article 31 [Freedom of establishment] S. 400-420

„… that the prohibition on discrimination under EEA law, irrespective of its legal basis, required …”

Berte-Elen R. Konow Article 72 [Provisions on consumer protection] S. 691-713

„… was left to the national courts. As far as the substance of the prohibition on unfair contract terms …”

doi.org/10.5771/9783845275796

Jan-Philipp Günther, Eric Hilgendorf - Robotik und Gesetzgebung

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Jan-Philipp Günther (ed.), Eric Hilgendorf (ed.)

Robotik und Gesetzgebung

Series: Robotik, Künstliche Intelligenz und Recht

Volume 2 2013

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Noel Sharkey The proliferation of robot technology: autonomy and legal prohibition S. 231-239

„… The proliferation of robot technology: autonomy and legal prohibition Noel Sharkey, University …”

Titelei/Inhaltsverzeichnis S. 2-8

„… proliferation of robot technology: autonomy and legal prohibition 231 Noel Sharkey Über Sinn und Unsinn von …”

Edoardo Datteri, Guglielmo Tamburrini Robotic Weapons and Democratic Decision-Making S. 211-231

„… The proliferation of robot technology: autonomy and legal prohibition Noel Sharkey, University of …”

doi.org/10.5771/9783845242200

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Richard C. Lindberg

Gangland Chicago

2015

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CHAPTER 6. THE GANGS OF PROHIBITION-ERA CHICAGO S. 205-254

„… 2 0 5THE GANGS OF PROHIBITION-ERA CHICAGO6Frances E. Willard, president of the National Women’s …” „… State Bank of Chicago.Year Number of Prohibition-Related Gangland Homicides in Chicago1920 231921 291922 …” „… utopian but to her eternal misfortune she was on the losing side of history.“We believe in prohibition by …”

NOTES S. 317-346

„… GANGS OF PROHIBITION-ERA CHICAGO1. “On Temperance Day,” Chicago Tribune, October 7, 1894.2. “The …” „… , February 10, 1909.4. “Wets Turn Guns on Saloon Foes,” Chicago Tribune, May 30, 1910.5. “Prohibition—Still …” „… Prohibition opportunities. Comedian Joe E. 15_493-Lindberg.indb 320 9/16/15 9:21 AMN O T E S 3 2 1Lewis …”

CHAPTER 3. GANGS OF THE SOUTH SIDE: POLITICS, PATRONAGE, AND BARE-KNUCKLE BOYOS, 1860–1930 S. 77-112

„… and other Prohibition-era bootleggers, and often greeted the gentlemen of the press from his suite in …” „… up to national Prohibition.7 McKenna reveled in the bluster, the violence, and the general disorder …” „… revel that turned into an all-night debauch. War-time Prohibition had closed all of the saloons—or so it …”

CHAPTER 2. DOWNTOWN AND NEAR SOUTH: VICTORIAN VICE, GAMBLERS, CARD CHEATS, CHINESE TONGS, AND THE RISE OF CHICAGO’S ORGANIZED CRIME GANGS, 1870–1920 S. 33-76

„… . Lyle, a Prohibition-era Chicago judge, civic reformer, and mayoral candidate, reported that “Attendants …” „… and his rival minions did during Prohibition.In April 1929 the Hip Sings, ruled by Lester Lee, opened …” „… grasp of the mercantile class and the Prohibitionists—avowed enemies of the proponents of the “liberal …”

Preface

„… : North Side Affluence, Little Hell, and Gang Crime, 1860–1930 1556 The Gangs of Prohibition-Era Chicago …” „… strength in numbers and financial resources to suborn police and lawmakers.The Prohibition war of the 1920s …”

CHAPTER 4. MAXWELL STREET, THE WEST SIDE TERROR DISTRICT, 1860–1930 S. 113-0

„… , extortion gangs, and as the 1920s and Prohibition dawned, boot-leg gangs with easy access to machine guns …” „… wasn’t a frame-up. They didn’t have anything on Quinlan, that’s all.”Six years passed. With Prohibition …” „… acquitted.The entire district became a Prohibition battleground for rival boot-legging gangs, labor racketeers …”

CHAPTER 7. SCHOOLS FOR CRIME S. 255-282

„… 2 5 5SCHOOLS FOR CRIME7With Al Capone languishing in prison and Prohibition having run its course …” „… criminals from fourteen to twenty-three have displaced the Prohibition gangsters and parolees as the leaders …” „… Chicago reform movement. With former Prohibition “Untouchable” Eliot Ness in charge of the city’s Public …”

INDEX S. 351-372

„… Nordberg, John, 74Novoselsky, Ben, 289Number of Prohibition-Related Gangland Homicides in Chicago, 216 …”

CHAPTER 5. THE GOLD COAST AND THE GANGS: NORTH SIDE AFFLUENCE, LITTLE HELL, AND GANG CRIME, 1860–1930 S. 155-204

„… Prohibition mayhem.Although the boundaries were not always clearly defined and tended to shift over time, the …” „… survival. The legacy of the Market Street Gang spilled over into Prohibition and could not be easily …”

CHAPTER 8. GANGS BECOMING NATIONS, 1950–1989 S. 283-316

„… Prohibition wars of 1925–1926. In the newsrooms of the major metropolitan papers, city-desk editors, who were …”

doi.org/10.5771/9781442231962

Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward - The EU Charter of Fundamental Rights

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Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2014

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Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 144-163

„… Article 5Article 5Prohibition of Slavery and Forced Labour1. No one shall be held in slavery or …” „… (No 105) (Geneva, International Labour Office, 2007).Art 5 – Prohibition of Slavery and Forced Labour …” „… overwhelming focus is on the last limb concerning the prohibition of trafficking in human beings, where the EU …”

Manfred Nowak, Anne Charbord Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 104-143

„… Article 4Article 4Prohibition of Torture and Inhuman or Degrading Treatment or PunishmentNo one …” „… .——, ‘“In Truth the Leitmotiv”: The Prohibition of Torture and other Forms of Ill-Treatment in International …” „… ).——, ‘Challenges to the Absolute Nature of the Prohibition of Torture and Ill-Treatment’ (2005) Netherlands …”

Helen Stalford Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 912-933

„… Article 32 Article 32 Prohibition of Child Labour and Protection of Young People at WorkThe …” „… ) 246–62.A Jacobs, ‘Prohibition of child labour and protection of young people at work (Art 32)’ in B …” „… States on the protection of young workers [1967] OJ 25/405–408.32.01Art 32 – Prohibition of Child Labour …”

Sabine Michalowski Article 3 – Right to the Integrity of the Person S. 82-103

„… procedures laid down by law;(b) the prohibition of eugenic practices, in particular those aiming at the …” „… selection of persons;(c) the prohibition on making the human body and its parts as such a source of …” „… financial gain;(d) the prohibition of the reproductive cloning of human beings.Text of Explanatory Note on …”

Index S. 1904-1937

„… ’ Rights, 71freedom to choose an occupation, 430prohibition of torture and slavery, 67protection in the …” „… personal integrity, 67principles of legality and proportionality, 1353prohibition of torture, 67right to …” „… integration, 536marriage, 210, 270–71prohibition of torture, inhuman or degrading treatment, 63–64resettlement …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 586-605

„… is the procedural right which flows from the prohibition on collective expulsion which has provided …” „… Charter, this would appear to make Article 19(2) of the Charter lex specialis of the general prohibition …” „… )Article 5 of the Universal Declaration of Human Rights 1948 provides for a prohibition on torture, cruel …”

Dagmar Schiek Article 23 – Equality between Women and Men S. 676-703

„… prohibition of sex discrimination of Article 21 by clarifying that positive action is not excluded by this …” „… and men (Art 23(1)) will include a prohibition to discriminate against women (Art 21). However, given …” „… that Article 21 contains the prohibition of sex discrimination, Article 23 must be interpreted as …”

Claire Kilpatrick Article 21 – Non-Discrimination S. 622-647

„… , where she sustains that the prohibition of discrimination on grounds of language in Article 21(1) is an …” „… expression of the general prohibition on discrimination on grounds of nationality.1 Both limbs of Article 21 …” „… the Grand Chamber invoked the prohibition of language discrimination in Art 21 EUCFR to annul …”

Elizabeth Wicks Article 2 – Right to Life S. 68-81

„… argument that a prohibition on information relating to the availability of abortions in other states …” „… life might, in some circumstances, conflict with Article 4’s prohibition of inhuman or degrading …” „… compatibility of the force-feeding of a prisoner with Article 3’s prohibition on degrading treatment. The …”

Lorna Woods Article 54 – Abuse of Rights S. 1582-1599

„… .54.0254.0354.0454.05Art 54 – Prohibition of Abuse of Rights Lorna Woods 1541 — Incompatible ratione personae—where the …” „… – Prohibition of Abuse of Rights Lorna Woods 1543In a similar vein, the UN Convention on the Elimination of All …” „… protected by the ECHR and ICCPR, which includes the prohibition on discrimination. There have been concerns …”

Maarten den Heijer Article 18 – Right to Asylum S. 562-585

„… . Initially, the right to asylum was grouped in one article, together with the prohibition of collective …” „… prohibitions of collective expulsion (Art 19(1)) and refoulement (Art 19(2)).9 The prohibition 4 CHARTE 4332/00 …” „… early drafting stages been taken up in a second sentence in Article 4, dealing with the prohibition of …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1416-1455

„… law.’As with other provisions of the Charter, the prohibition enshrined in Article 50 applies to Union …” „… February 2013), an applicant sought to rely on the Art 50 prohibition to prevent both tax authorities and …” „… regarded as possessing the requisite criminal nature for the purposes of triggering the prohibition laid …”

Catherine Dupré Article 1 – Human Dignity S. 44-67

„… ‘Dignity’, namely the right to life (Art 2), the right to integrity of the person (Art 3), the prohibition …” „… of torture, inhuman and degrading treatment or punishment (Art 4), the prohibition of slavery, forced …” „… dignity-related.16 Dignity has certainly been read into the absolute prohibitions of Articles 3 and 4 ECHR, and …”

Appendix S. 1868-1903

„… down by law; (b) the prohibition of eugenic practices, in particular those aiming at the selection of …” „… persons; (c) the prohibition on making the human body and its parts as such a source of financial gain …” „… ; (d) the prohibition of the reproductive cloning of human beings.Article 4Prohibition of torture and …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 736-751

„… persons to participate as equals in the labour market, in particular the prohibition on age discrimination …” „… overlaps with) the right to integrity of the person set out in Article 3, the prohibition on inhuman and …” „… as being conceptually linked to the prohibition on inhuman and degrading treatment set out in Article …”

Diamond Ashiagbor Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 466-479

„… institutions of the Community. This is exemplified in Hauer,3 in which it was argued that the prohibition on …” „… prohibition of discrimination in respect of access to employment with the overall right to engage in work and …” „… revision of the European Social Charter in 1996, it lacked an express prohibition of discrimination in …”

Shazia Choudhry Article 9 – Right to Marry and Right to Found a Family S. 310-333

„… enacted by the Treaty of Lisbon on 1 December 2009, includes in Article 21(1) a general prohibition of …” „… such as capacity, consanguinity and consent. National law may also introduce prohibitions on the basis …” „… that they are necessary to protect the interests of the wider society such as the prohibition of …”

Angela Ward Article 51 – Field of Application S. 1456-1497

„… integrity of the person, the Article 4 prohibition on torture or inhuman or degrading treatment or …” „… punishment, and the Article 5 prohibition on forced labour. This is so because there are all nonderogable …” „… the Charter and its prohibition on recourse to the Charter to expand it.This means that the principles …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 164-195

„… to Article 1, the obligation to respect and protect human dignity, and Article 4, the prohibition on …” „… aspects of refugee law which impinge upon detention. The prohibition on collective expulsion of aliens in …” „… applying this prohibition, regard must be had to the more detailed ne bis in idem rules of the Schengen …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 354-383

„… no 30882/96, Reports of Judgments and Decisions 2001-VIII concerning the prohibition in France of a …” „… in which there is EU regulation restricting speech (eg prohibitions on child pornography or the …” „… be seen in the Open Door case.143 There the blanket nature of the prohibition on expression was a …”

Titelei/Inhaltsverzeichnis S. 1-43

„… ...................................................................................................................58Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment …” „… ...................................................................................................................97Contents xiArticle 5 – Prohibition of Slavery and Forced Labour …” „… Contents xiii IV. Article 21 (Prohibition of Discrimination …”

Robin White Article 34 – Social Security and Social Assistance S. 970-993

„… protection of workers, the prohibition of child labour, health care, professional and family life, access to …” „… social security as breaching the prohibition of discrimination in Article 14, while Article 6 now …” „… in conjunction with Article 1 of Protocol 1. The prohibition in Article 14 covers both direct and …”

Cathryn Costello Article 33 – Family and Professional Life S. 934-969

„… do actually bear dual burdens. The Charter also has a general prohibition of discrimination, which is …” „… legislative prohibition on discrimination also prevents dismissal on a range of discriminatory grounds, which …” „… prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is applying for …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 994-1011

„… Human Rights and Dignity of the Human Being with Regard to Biology and Medicine on the Prohibition of …” „… . The CJEU then turned to the question of whether the prohibition of such a product description …” „… business. It found that ‘the prohibition does not in any way affect the actual substance’ of those freedoms …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 648-675

„… persecuted communities to regroup on foreign soil, while the prohibition of collective expulsions in Article …” „… men and women to marry and found a family; and the prohibition of discrimination, which explicitly …” „… while prohibitions on staff wearing certain religious clothing or jewellery in order to protect patient …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 816-837

„… prohibition.(2) When Member States (or trade unions—see Viking and Laval below) are interfering with free …” „… who ignored the prohibition were disciplined and the union brought the case to the European Court of …” „… prohibition on an independent union from seeking recognition under the statutory procedure, where no other …”

Ruth Lamont Article 24 – The Rights of the Child S. 704-735

„… to children, particularly: Article 4, the prohibition on torture and inhuman and degrading treatment …” „… ; Article 5, the prohibition on slavery and forced labour, which may be important in the context of …” „… a prohibition on discrimination on the grounds of age, which will include discrimination against …”

Mark Bell Article 20 – Equality before the Law S. 606-621

„… grounds, such as sex or ethnic origin. Given that Article 21 is non-exhaustive in its prohibition of …” „… ECHR is now accompanied by Protocol 12, which created a free-standing general prohibition of …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 266-309

„… requirements with the freedom of expression.56 IV. Article 21 (Prohibition of Discrimination)The right to data …” „… protection has been linked to the prohibition of discrimination, which in the Charter is enshrined in Article …”

Gabriel N Toggenburg The EU Fundamental Rights Agency and the Fundamental Rights Charter: How Fundamental is the Link Between them? S. 1656-1669

„… victims of crime’ may relate to the prohibition of child labour and the protection of young people at work …” „… prohibition of child labour and the protection of young people at work (Art 32 of the Charter) is only the …”

Article 12 – Freedom of Assembly and of Association S. 384-421

„… has been argued that the exclusion of pay does not prevent the prohibition of unequal treatment in the …” „… of assembly is covered on the condition that it is ‘peaceful’. The prohibition of an assembly which …” „… could be established in criminal proceedings only, due to the existence of a criminal prohibition on …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 752-791

„… , so about the non-discriminatory public administration of the law, rather than a prohibition on …” „… only in a greater negative prohibition on not interfering more than appropriate with Article 8 rights …” „… stronger obligation of reasonable adjustment/accommodation—not just a prohibition on direct …”

Jens Vested-Hansen Article 7 – Respect for Private and Family Life (Private Life, Home and Communications) S. 196-225

„… consisting of the prohibition of being within a certain distance of their victims or having any contact with …” „… CJEU, thus justifying the prohibition.106 This, however, was not accepted by the Court as justification …” „… of the traffic prohibition, which was regarded as constituting a measure with equivalent effect to …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1204-1219

„… the prohibition of discrimination on grounds of nationality within the scope of application of the …” „… prohibition on leaving the national territory, although that is a more rare occurrence; see recently Case C …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1498-1565

„… , because of the prohibition of any discrimination on grounds of nationality. The limitations provided for …” „… (prohibition of slavery, et al),57 and the text of Article 1 states that the right to human dignity is …” „… extremely broad. Indeed, it is potentially limitless,90 particularly as compared to the prohibition on …”

Pekka Aalto, Herwig CH Hofmann, Liisa Holopainen, Elina Paunio, Laurent Pech, Debbie Sayers, Dinah Shelton, Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1240-1319

„… law of their own motion can arise from the principle of res judicata and the prohibition on raising …”

Gisella Gori Article 14 – Right to Education S. 444-465

„… appreciation consists in the prohibition to pursue any proselytism or indoctrination that might be considered …” „… as a consequence of the prohibition against direct or indirect discrimination on the basis of …”

Valsamis Mitsilegas Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1394-1415

„… prohibition which, taking into account the specificity of customary international law and allowing for the …” „… principle to include not only nonretroactivity and the prohibition of applying a heavier penalty than the …”

Shazia Choudhry Article 7 – Right to Respect for Private and Family Life (Family Life Aspects) S. 226-265

„… prohibition of consensual, private same-sex sexual activity: Dudgeon v UK (1982) 4 EHRR 149; Norris v Ireland …” „… (1991) 13 EHRR 186, and prohibitions on same-sex relationships within the military: ADT v UK [2000] 2 …” „… violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 had occurred on …”

Violeta Moreno-Lax, Cathryn Costello The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model S. 1700-1727

„… , it established that the prohibition of nationality discrimination was applicable.44 Arguably, PIL …” „… rendering the prohibition ineffective’.60 Eventually, the principle of effectiveness of EU law played a …”

Niilo Jääskinen Fundamental Social Rights in the Charter—Are They Rights? Are They Fundamental? S. 1746-1757

„… , Hart sees human vulnerability as a reason for normative prohibitions on use of violence, but not as a …”

Olivier De Schutter The Implementation of the Charter by the Institutions of the European Union S. 1670-1699

„… of a prohibition to fly above US territory. The result was that the European airline companies …” „… , for instance, in order to harmonise the prohibition of racism and xenophobia through the criminal law …”

Alan Bogg Article 31 – Fair and Just Working Conditions S. 876-911

Paul Gragl Agreement on the Accession of the European Union to the European Convention on Human Rights S. 1768-1867

„… of movement, prohibition of collective expulsion of aliens and the prohibition of imprisonment for …” „… prohibition of discrimination, was only ratified by Croatia, Cyprus, Finland, Luxembourg, the Netherlands …”

Eileen Denza Article 46 – Diplomatic and Consular Protection S. 1220-1239

„… circumstances not relevant to what is envisaged under Article 46 of the Charter. There is no prohibition under …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 334-353

„… Justice in Coleman v Attridge Law,56 that the prohibition on discrimination on grounds of disability …”

Anthony Arnull Protocol (No 30) on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom S. 1638-1655

„… on to hold that, by virtue of Article 4 of the Charter (prohibition of torture and inhuman or …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 422-443

„… the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings;46 the Additional …”

Filip Dorssemont Article 27 – Workers’ Right to Information and Consultation within the Undertaking S. 792-815

„… a definition.31 The definition of the right to information violates the id per id prohibition in …”

Steve Weatherill Article 38 – Consumer Protection S. 1048-1069

„… consumers’ health inherent in excessive consumption of alcohol, and that consequently ‘the prohibition of …”

Article 17 – Right to Property S. 508-561

„… ‘distortions of competition … result(ing) from the overall prohibitions of rental … would not be the direct …” „… the ECJ when the Court denied a deprivation of possessions in the case of a prohibition to use …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 848-875

„… importance for individuals facing dismissal as a consequence of economic reorganisation.Specific prohibition …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the EU Constitutional Edifice S. 1600-1637

„… considered as aliens in the scope of the application of Union law, because of the prohibition of any …”

Debbie Sayers Article 48 – Presumption of Innocence and Right of Defence (Criminal Law) S. 1346-1393

„… generated significant case law.128 In this way, the right is connected to the absolute prohibition on …”

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Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

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Results in this title

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 93-114

„… Article 5 Article 5 Prohibition of Slavery and Forced Labour 1. No one shall be held in slavery …” „… ) Punishment and Society 415 . Art 5 – Prohibition of Slavery and Forced Labour Heli Askola 95 1 Framework …” „… scope of Article 5 overwhelmingly focus on the last limb concerning the prohibition of trafficking in …”

Maria-Teresa Gil-Bazo Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 59-92

„… Article 4 * Article 4 Prohibition of Torture and Inhuman or Degrading Treatment or Punishment No …” „… Leitmotiv ” : The Prohibition of Torture and other Forms of Ill-Treatment in International Humanitarian Law …” „… Maria-Teresa Gil-Bazo FM Mari ñ o Men é ndez , ‘ The Prohibition of Torture in Public International Law …”

Helen Stalford, Nuno Ferreira Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 923-942

„… children and adolescents ’ . Article 32 * Article 32 Prohibition of Child Labour and Protection of Young …” „… Legal Analysis of ILO Action ( Aldershot , Ashgate , 2008 ) 246 – 62 . A Jacobs , ‘ Prohibition of …” „… – Prohibition of Child Labour Helen Stalford and Nuno Ferreira 925 8 Council Directive 94/33/EC on the …”

Steve Peers Article 3 – Right to the Integrity of the Person S. 39-58

„… , according to the procedures laid down by law; (b) the prohibition of eugenic practices, in particular …” „… those aiming at the selection of persons; (c) the prohibition on making the human body and its parts …” „… as such a source of financial gain; (d) the prohibition of the reproductive cloning of human beings …”

Index S. 1927-1968

„… electronic communication services, 1306 prohibition of torture, 89 – 90 right to life, 37 right to …” „… prohibition of torture and slavery, 64 , 67 right to asylum, 561 protection of residence, 578 age …” „… arrest warrant mutual recognition, 1885 mutual trust, 85 , 1882 prohibition of torture, 61 , 82 …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 573-596

„… procedural right which flows from the prohibition on collective expulsion which has provided the basis for …” „… international protection. Thus immigration status of the person is irrelevant to the effect of the prohibition …” „… would appear to make Article 19(2) of the Charter lex specialis of the general prohibition in Article 4 …”

Elizabeth Wicks Article 2 – Right to Life S. 25-38

„… Court was reluctant to engage with the rights issues and rejected an argument that a prohibition on …” „… life might, in some circumstances, conflict with Article 4 ’ s prohibition of inhu-man or degrading …” „… . prisoner with Article 3 ’ s prohibition on degrading treatment. The Commission concluded that force-feeding …”

Dagmar Schiek, Biljana Kotevska Article 23 – Equality between Women and Men S. 667-692

„… equality (para 1), and second a modifi cation of the prohibition of sex discrimination of Article 21 by …” „… obligation to ensure equality between women and men (Art 23(1)) will include a prohibition to discriminate …” „… against women (Art 21). However, given that Article 21 contains the prohibition of sex discrimination …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1509-1552

„… sought to rely on the Art 50 prohibition to prevent tax authorities and the public prosecutor from both …” „… ) Series A no 22 [80] – [82]. As with other provisions of the Charter, the prohibition enshrined in …” „… triggering the prohibition laid down in Article 50 of the Charter. 33 In each case it is necessary to examine …”

Claire Kilpatrick, Hanna Eklund Article 21 – Non-Discrimination S. 613-638

„… prohibition of discrimination on grounds of language in Article 21(1) is an expression of the general …” „… prohibition on discrimination on grounds of nationality in Case C-566/10 P Italy v Commission (Judgment of 27 …” „… Commission (n 1), in which the Grand Chamber invoked the prohibition of language discrimination in Art 21 …”

Maarten den Heijer Article 18 – Right to Asylum S. 551-572

„… right to asylum was grouped in one article, together with the prohibition of collective expulsion. 9 At …” „… prohibitions of collective expulsion (Art 19(1)) and refoulement (Art 19(2)). 10 The prohibition of refoulement …” „… prohibition of torture and inhuman treatment. 11 As is discussed below, the right to asylum is commonly …”

Lorna Woods Article 54 – Abuse of Rights S. 1691-1708

„… Netherlands Quarterly of Human Rights 29 . R de la Feria , ‘ Prohibition of abuse of (Community) law: the …” „… Lenaerts , ‘ The General Principle of the Prohibition of Abuse of Rights ’ ( 2010 ) 18 European Review …” „… Prohibition of Abuse of Law: An Emerging General Principle of EU Law ’ in R. de la Feria and S. Vogenauer …”

Catherine Dupré Article 1 – Human Dignity S. 3-24

„… ), the right to the integrity of the person (Art 3), the prohibition of torture, inhuman and degrading …” „… treatment or punishment (Art 4), the prohibition of slavery, forced labour and human traffi cking (Art 5 …” „… Asians v UK case contains one of the first references to dignity, in relation to the prohibition against …”

Appendix S. 1891-1926

„… down by law; (b) the prohibition of eugenic practices, in particular those aiming at the selection of …” „… persons; (c) the prohibition on making the human body and its parts as such a source of financial gain …” „… ; (d) the prohibition of the reproductive cloning of human beings.Article 4Prohibition of torture and …”

Eleni Frantziou, Virginia Mantouvalou Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 449-462

„… in Hauer , 2 in which it was argued that the prohibition on new vine plantings imposed by Commission …” „… Social Charter (ESC) — linking prohibition of discrimination in respect of access to employment with the …” „… the chosen work. Article 15 also chimes with Article 32 of the Charter on the prohibition of child …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 725-742

„… participate as equals in the labour market, in particular the prohibition on age discrimination in employment …” „… the person set out in Article 3, the prohibition on inhuman and degrad-ing treatment contained in …” „… Schutter , The Prohibition of Discrimination under European Human Rights Law ( Luxembourg , Offi ce for …”

Angela Ward Article 51 – Field of Application S. 1553-1610

„… prohibitions on discrimination, are sometimes referred to by the Court as having been ‘ incorporated ’ into …” „… . — — and J MacMennan , ‘ The Constitutional Dimension of Case C-673/16 Coman on the prohibition of …” „… party against another, although to date this has been confi rmed only with respect to the prohibitions …”

Steve Peers Article 9 – Right to Marry and Right to Found a Family S. 291-312

„… December 2009, includes in Article 21(1) a general prohibition of ‘ any discrimination based on any ground …” „… also introduce prohibitions on the basis that they are necessary to protect the interests of the wider …” „… society such as the prohibition of bigamous and polygamous marriages. Any such restrictions must, however …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 115-150

„… obligation to respect and protect human dignity, and Article 4, the prohibition on torture and inhuman or …” „… which impinge upon detention. The prohibition on collective expulsion of aliens in Article 19(1) means …” „… punished without law. Article 50 prohibits double jeopardy. In applying this prohibi-tion, regard must be …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 639-666

„… soil, while the prohibition of collective expulsions in Article 19 CFR prevents the stigmatisation of …” „… family; and the prohibition of discrimination, which explicitly mentions association with a ‘ national …” „… restrictions on airline staff wearing discreet but visible religious jewellery. 44 A similar prohibition that …”

Titelei/Inhaltsverzeichnis

„… ................................................................................................................................. 56Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment ........59 …” „… ................................................................................................................................. 91Contents xiiiArticle 5 – Prohibition of Slavery and Forced Labour …” „… ) ...................................................................................... 246 V. Article 21 (Prohibition of Discrimination …”

Oxana Golynker Article 34 – Social Security and Social Assistance S. 985-1006

„… in the section on solidarity deal with protection of workers, the prohibition of child labour, health …” „… challenge national provisions of social security as breaching the prohibition of discrimination in Article …” „… social security benefi ts when read in conjunction with Article 1 of Protocol 1. The prohibition in …”

Mark Bell Article 20 – Equality Before the Law S. 597-612

„… scope of EU law, the Framework Agreement on Fixed-Term Work includes a prohibition on fi xed-term …” „… prohibited grounds, such as sex or ethnic origin. Given that Article 21 is non-exhaustive in its prohibition …” „… accompanied by Protocol 12, which created a free-standing general prohibition of discrimination (whereas …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 333-370

„… Decisions 2001-VIII concerning the prohibi-tion in France of a book on the historical, cultural, linguistic …” „… ) [48] and [50] – [52]. See further Rabat Plan of Action on the prohibition of advocacy of national …” „… Familiapress (n 5). political advertising has arisen. 176 In Murphy , the prohibition on religious advertising …”

Filip Dorssemont Article 12 (1) – Freedom of Assembly and of Association S. 371-394

„… . By way of comparison, it has been argued that the exclusion of pay does not prevent the prohibition …” „… prohibition of an assembly which cannot be considered ‘ peaceful ’ will not constitute a restriction of the …” „… prohibition on anti-union discrimination. This required the victims of an alleged anti-union discrimination to …”

Niilo Jääskinen Fundamental Social Rights in the Charter – Are They Rights? Are They Fundamental? S. 1855-1870

„… prohibitions on the use of violence, but not as a reason for minimal rules relating to care. Hart ’ s minimum …” „… to fair and just working conditions and the prohibition of child labour and protection of young …” „… the prohibition laid down in Art 21(1) of the Charter is suffi cient in itself to confer on …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 801-826

„… there are justifications for its prohibition. (2) When Member States (or trade unions — see Viking …” „… government to engage in collective bargaining. Members of the trade union who ignored the prohibition were …” „… public sector contractual employees infringed the prohibition of age discrimination in primary law (now …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 1007-1024

„… Rights and Dignity of the Human Being with Regard to Biology and Medicine on the Prohibition of Cloning …” „… turned to the question of whether the prohibition of such a product description nonethe-less breaches …” „… ‘ the prohibition does not in any way affect the actual substance ’ of those freedoms. 49 More …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 313-332

„… CJEU have focused primarily on the prohibition on discrimination contained in Directive 2000/78. In …” „… 2000/78 was merely a ‘ specifi c expression, in the fi eld covered by it, of the general prohibition of …” „… prohibition on the display of visible symbols of all kinds of religious, philosophical or political belief …”

Ruth Lamont Article 24 – The Rights of the Child S. 693-724

„… : Article 4, the prohibition on torture and inhuman and degrading treatment; Article 5, the prohibition on …” „… opportunities and development and participation as children in Europe. It contains a general prohibition on …” „… four principles are Article 2, the prohibition of discrimination in accessing the rights contained in …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1211-1226

„… States. Article 21(2) Charter, on the other hand, reproduces the prohibition of discrimination on grounds …” „… justify imposing a prohibition on leaving the national territory, although that is a more rare occurrence …”

Jeff Kenner, Katrina Peake Article 33 – Family and Professional Life S. 943-984

„… ’ . 23 The Charter also has a general prohibition of discrimination, in Article 21, which is not confi …” „… , carers ’ leave, or for requesting fl exible working. 38 In turn, the EU legislative prohibition on …” „… include a prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is …”

Gerard Hogan Mutual Trust and the Charter: A Salutary Irish Example S. 1773-1790

„… relating to the prohibition of ‘ anti-suit ’ injunctions. 58.1758.18Mutual Trust and the Charter: A …” „… respect. However, the reasoning behind that prohibition of anti-suit injunctions cannot be applied by …”

Alexander Kornezov The Charter and the General Court S. 1809-1838

Herke Kranenborg Article 8 – Protection of Personal Data S. 231-290

„… (Prohibition of Discrimination) The right to data protection has been linked to the prohibition of …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1611-1674

„… prohibition of any discrimination on grounds of nationality. The limitations provided for by Article 16 of the …” „… Explanations to the Charter refer to the impossibility of limitations as regards Article 5 (prohibition of …” „… extremely broad. Indeed, it is potentially limitless, 90 particularly as compared to the prohibition on …”

Gisella Gori Article 14 – Right to Education S. 429-448

„… appreciation consists in the prohibition to pursue any proselytism or indoctrination that might be considered …” „… access to education in any Member State as a consequence of the prohibition against direct or indirect …”

Albertina Albors-Llorens The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies S. 1735-1756

„… directive, which operates as a residual clause. 133 See, eg, Art 3(3) on the prohibition in …” „… overcompensation or Art 6(6) introducing an absolute prohibition on the disclosure of leniency statements and …”

Miriam Kullmann Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life S. 195-230

„… example, the criminal prohibition of consensual, private same-sex sexual activity: Dudgeon v United …” „… October 1988 ) and prohibitions on same-sex relationships within the military: ADT v United Kingdom App …” „… (prohibition of discrimination) taken in conjunction with Article 8 had occurred on account of the difference …”

Valsamis Mitsilegas, Emmanouil Billis Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1473-1508

„… convict an accused person on the basis of a prohibition which, taking into account the specifi city of …” „… embraces a broad defi nition of the principle to include not only non-retroactivity and the prohibition of …” „… of the prohibition of the retroactive application of penalties enshrined in Article 7(1). In order to …”

David Mangan Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life S. 151-194

„… , ‘ the prohibition on reducing workplace privacy to zero (where work is a space for self-development) is …”

Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1245-1384

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 743-778

„… facilities may require a stronger obligation of reasonable adjustment/accommodation — not just a prohibition …”

Eileen Denza Article 46 – Diplomatic and Consular Protection S. 1227-1244

„… . There is no prohibition under international law on one state seeking to protect a national of another …”

Doyin Lawunmi The ‘Dublin Regulation’ and the Charter: An Impetus for Change S. 1839-1854

„… Rights ( ‘ the ECHR ’ ) (prohibition against torture and inhuman and degrading treatment). The applicants …”

Ferdinand Wollenschläger Article 17 (1) – Right to Property S. 489-518

„… prohibitions of rental … would not be the direct consequence of the contested provisions, which do not …” „… deprivation of possessions in the case of a prohibition on using specifi c certifi cates of origin for wine by …”

Steve Weatherill Article 38 – Consumer Protection S. 1065-1084

„… alcohol, and that consequently ‘ the prohibition of such claims is warranted in the light of the …”

Filip Dorssemont Article 27 – Workers’ Right to Information and Consultation within the Undertaking S. 779-800

„… such a definition. 34 The definition of the right to informa-tion violates the id per id prohibition …”

Gabriel N Toggenburg The Implementation of the Charter of Fundamental Rights by the EU Member States (as Refl ected in the Work of the EU Fundamental Rights Agency) S. 1791-1808

„… ) or the prohibition of slavery and forced labour (Article 5) are amongst those Charter provisions for …”

Alan Bogg, Michael Ford Article 31 – Fair and Just Working Conditions S. 875-922

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 405-428

„… Medicine, on the Prohibition of Cloning Human Beings; 60 the Additional Protocol to the Convention on Human …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the European Legal Space S. 1711-1734

„… case for the prohibition against inhuman or degrading treatment, 113 the right to liberty in the …”

Debbie Sayers Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence S. 1413-1472

„… , the right is connected to the absolute prohibition on torture and inhuman and degrading treatment …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 837-874

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