Jan Podkowik – författare
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5 produkter
5 produkter
Del 45 - Law, Governance and Technology Series
European Constitutional Courts towards Data Retention Laws
Inbunden, Engelska, 2020
1 503 kr
Skickas inom 10-15 vardagar
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive.Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
E-bok
Engelska, 20201 819 kr
Läs direkt efter köp
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive.
Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.
This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
Del 45 - Law, Governance and Technology Series
European Constitutional Courts towards Data Retention Laws
Häftad, Engelska, 2021
1 503 kr
Skickas inom 10-15 vardagar
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive.Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
Inbunden, Engelska, 2026
1 703 kr
Skickas inom 10-15 vardagar
This edited volume represents a significant contribution to the academic discourse on the role of good faith in constitutional law. By assembling scholars from various countries who explore different aspects of the subject, the book provides a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law. The book consists of three main parts, preceded by an introductory and methodological chapter that outlines the research problem and initial findings.The first part examines the origins of good faith in public law and its historical sources. This section introduces the reader to the idea of good faith in jurisprudence and legal tradition and its current application in public law, which includes constitutional law. This part focusses on three key points of reference: international treaty law, where good faith governs the formation and performance of international agreements; EU law, where good faith or "loyal cooperation" shapes the relationship between member states and EU institutions; and the Council of Europe's human rights system, in particular the European Court of Human Rights, where good faith considerations appear in assessing the compatibility of state action with fundamental rights. This section therefore provides a basic background for understanding constitutional good faith. The second part explores constitutional good faith in selected legal systems. The choice of jurisdictions for comparative analysis is not accidental. First, it includes countries where good faith is explicitly enshrined in constitutional provisions, and thus is a normative concept with a well-defined meaning. Second, it includes countries where good faith appears in constitutional jurisprudence or academic debate. The last part analyzes good faith through the lens of constitutional theory, focusing on key areas relevant to the interpretation and application of constitutional law, in particular the theory of constitutional interpretation, the principle of separation of powers, including the vertical division of powers and the judiciary, as well as the relationships between the state and individuals.The book is being prepared with funds from the National Science Center in Poland for the project "Good Faith in Constitutional Law" (project no. 2020/39/B/HS5/02298).
E-bok
Engelska, 20262 100 kr
Läs direkt efter köp
This edited volume represents a significant contribution to the academic discourse on the role of good faith in constitutional law. By assembling scholars from various countries who explore different aspects of the subject, the book provides a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law. The book consists of three main parts, preceded by an introductory and methodological chapter that outlines the research problem and initial findings.The first part examines the origins of good faith in public law and its historical sources. This section introduces the reader to the idea of good faith in jurisprudence and legal tradition and its current application in public law, which includes constitutional law. This part focusses on three key points of reference: international treaty law, where good faith governs the formation and performance of international agreements; EU law, where good faith or "e;loyal cooperation"e; shapes the relationship between member states and EU institutions; and the Council of Europe's human rights system, in particular the European Court of Human Rights, where good faith considerations appear in assessing the compatibility of state action with fundamental rights. This section therefore provides a basic background for understanding constitutional good faith. The second part explores constitutional good faith in selected legal systems. The choice of jurisdictions for comparative analysis is not accidental. First, it includes countries where good faith is explicitly enshrined in constitutional provisions, and thus is a normative concept with a well-defined meaning. Second, it includes countries where good faith appears in constitutional jurisprudence or academic debate. The last part analyzes good faith through the lens of constitutional theory, focusing on key areas relevant to the interpretation and application of constitutional law, in particular the theory of constitutional interpretation, the principle of separation of powers, including the vertical division of powers and the judiciary, as well as the relationships between the state and individuals.The book is being prepared with funds from the National Science Center in Poland for the project "e;Good Faith in Constitutional Law"e; (project no. 2020/39/B/HS5/02298).