Vogt V. Germany
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Vogt V. Germany
''Vogt v. Germany'' (1996) 21 EHRR 205, (17851/91) was a case decided by the European Court of Human Rights (ECHR) in 1995. The case concerned a Mrs. Vogt who was suspended from her teaching job at a public secondary school because of her past membership in the German Communist Party. The ECHR ruled that this application of Berufsverbot violated provisions in the European Convention on Human Rights relating to freedom of expression and freedom of association. Facts Mrs. D. Vogt joined the German Communist Party in 1972 (Para. 18). In 1977, she became a language teacher at a public secondary school and, correspondingly, a probationary civil servant. In 1979, she was appointed a permanent public servant (Para. 9). In 1986, Mrs. Vogt was suspended based on Berufsverbot (Para. 16). The German courts considered her dismissal to be legal, considering GCP's aims anti-constitutional and active membership in GCP incompatible with a civil servant's duty of loyalty (Para. 18-23). In 1990, Lo ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Pranas Kūris
Pranas Kūris (born 20 August 1938 in Šeduva, Radviliškis district) is a Lithuanian lawyer. He is the first representative of Lithuania in the European Court of Justice and European Court of Human Rights. Pranas Kūris has graduated the Law Faculty of Vilnius University in 1961 and has worked as a lecturer in the Department of the International and European Union Law of the Faculty. He worked in the field of International public law. He was People's Minister of Justice of Lithuanian SSR from 1977 to 1990. Pranas Kūris was the first ambassador of the newly independent Lithuania to Belgium, Luxembourg and the Netherlands (1992–1994). Pranas Kūris was appointed as a judge from Lithuania to the European Court of Justice in 2004. Pranas Kūris son, Egidijus Kūris has been the President of the Lithuanian Constitutional Court. References Ten new members of the Court of Justice of the European Communities - Formal Sitting of 11 May 2004 European Court of Justice. *Teisininku ...
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European Court Of Human Rights Cases Decided By The Grand Chamber
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (disam ...
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Civil Services
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership. A civil servant, also known as a public servant, is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in the UK, a civil servant is ...
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Article 11 Of The European Convention On Human Rights
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Case law *'' Communist Party of Germany v. the Federal Republic of Germany'' (1957) *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) *'' Vogt v Germany'' (1995) *''Wilson and Palmer v United Kingdom'' 002ECHR 552*''Yazar, Karatas, Aksoy and Hep v Turkey'' (2003) 36 EHRR 59 *''Church of Scientology Moscow v Russia'' (2007) *''ASLEF v United Kingdom'' (2007) *''Bączkowski v Poland'' (2007) *''Demir and Baykara v Turkey'' [2008ECHR 1345 See also *European Convention on Human Rights *European labour law *UK labour law *German labour law German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) * Fre ...
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Article 10 Of The European Convention On Human Rights
Article 10 of the European Convention on Human Rights provides the right to Freedom of Expression and Information. A fundamental aspect of this right is the freedom to hold opinions and receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider. Official Article Definition Limitations to the Freedom of Expression Freedom of Expression is not an absolute right, meaning it is able to be interfered with by states and other public authority bodies. However, each state is allowed a Margin of Appreciation. An acceptance of varying historical, legal, political, and cultural differences, which may lead the application of such freedom to be slightly varied in its nature despite the widespread adoption of the article. Such differences in the application have been allowed as long as the Freedom of Expression is as found in The Observer and The Guardian v United Kingdom (1991)."Narrowly interpreted and the ...
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Anti-communism In Germany
Anti-communism is political and ideological opposition to communism. Organized anti-communism developed after the 1917 October Revolution in the Russian Empire, and it reached global dimensions during the Cold War, when the United States and the Soviet Union engaged in an intense rivalry. Anti-communism has been an element of movements which hold many different political positions, including conservatism, fascism, liberalism, nationalism, social democracy, libertarianism, or the anti-Stalinist left. Anti-communism has also been expressed in philosophy, by several religious groups, and in literature. Some well-known proponents of anti-communism are former communists. Anti-communism has also been prominent among movements resisting communist governance. The first organization which was specifically dedicated to opposing communism was the Russian White movement which fought in the Russian Civil War starting in 1918 against the recently established Bolshevik government. The White m ...
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German Labour Law
German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) *Free Association of German Trade Unions (1897–1919) *Weimar Constitution 1919 *Betriebsrätegesetz 1920 *Allgemeiner Deutscher Gewerkschaftsbund (1919–1933) *Free Workers' Union of Germany (1919–1933) * Arbeitsordnungsgesetz of 1934 *German Labour Front, the nationalised Nazi controlled union (1933 to 1945) *Strength Through Joy * Council of Trust and Factory leader *Confederation of German Trade Unions (est 1949) *Mitbestimmungsgesetz 1976 Courts and constitution *''Grundgesetz'' (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right ...
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European Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ...
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Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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German Communist Party
The German Communist Party (german: Deutsche Kommunistische Partei, ) is a communist party in Germany. The DKP supports left positions and was an observer member of the European Left. At the end of February 2016 it left the European party. History The DKP considered itself a reconstitution of the Communist Party of Germany (KPD), which had been banned by the Federal Constitutional Court in 1956 for its aggressively militant opposition to the West German constitution. The new party was formed in 1969 by former KPD functionaries in close cooperation with East Germany's ruling party, the Socialist Unity Party (SED), from which the DKP received both political directives and – through covert transfers – most of its funds. The foundation was preceded by talks between former KPD functionaries and Gustav Heinemann, the West German minister of justice, who explained to them that while a refounding of a banned party was not legally possible, Communists were free to form an entirely ...
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European Commission Of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the commission, enlarged the Court, and allowed individuals to take cases directly to it. List of cases *Greek case In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power ea ... References * Arthur W. Diamond Law LibrarThe European Human Rights System and the European Court of Human Rights. Research Guide
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