The Constitution of Estonia: The Unexpected Challenges of Unlimited Primacy of EU Law

Ernits, Madis; Ginter, Carri; Laos, Saale; Allikmets, Marje; Tupay, Paloma Krõõt; Värk, René; Laurand, Andra

doi:10.1007/978-94-6265-273-6_19

Cited by 2 publications

(1 citation statement)

References 8 publications

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“…Another case is when such restrictions are necessary to prevent danger that threatens the foundations of the free democratic order of the Federation or any land or their existence, or when they are necessary to combat the danger of epidemics, to take measures against natural disasters or especially serious accidents, or to protect young people from carelessness or to prevent criminal acts. 15 Some cases of human rights restrictions relate to housing integrity. Such situations may take place only to prevent public danger or danger to the lives of individuals, as well as on the basis of law to prevent an immediate threat to public safety and order, in particular, to eliminate the need for housing, combat epidemics, or protect young people from future danger.…”

Section: Restrictions Of Human Rights In Continental Europementioning

confidence: 99%

Constitutional Restriction on Human Rights and Freedoms in the Development of Liberal Democracy in Europe

Plakhotniuk

Koruts

2021

AJEE

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This article is dedicated to the constitutional restrictions on human rights and freedoms within the genesis and development of liberal democracy. The article argues that European countries implement the provisions of the ECHR in various ways regarding the application of restrictions of rights and freedoms in their own national legal systems in order to support: 1) the state and public security or economic well-being of the country; 2) the prevention of riots or crimes; 3) health or morals or for the purpose of protecting the rights and freedoms of others; 4) the protection of national security or territorial integrity; 5) protecting the reputation of others; 6) the prevention of disclosure of confidential information; 7) maintaining the authority and impartiality of judicial authorities. The research defines a common feature of all constitutional restrictions of human rights and freedoms within the European countries’ application, taking into account the objective circumstances necessary in a democratic society. The authors underline that under no circumstances should the restrictions distort the essence of human rights and freedoms that fall under such derogations. The article underlines that the restrictions on human rights and freedoms are a necessary component of the legal system of any state and modern society. Such restrictions should be of a legal nature and should be imposed only in accordance with the general interest – national security, law and order, the protection of moral norms, and the protection of the rights and freedoms of other persons when the right of another person in a legitimate balance prevails. The emergence of challenges to human rights does not negate their effectiveness, and they continue to operate, which testifies to their effectiveness and guarantees the inviolability of the rule of law principle when resolving specific cases on human rights restrictions.

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Section: Restrictions Of Human Rights In Continental Europementioning

confidence: 99%