Abstracts Nr 3, 2017
Dragoș Nicolae Costescu, The impact of the digital environment on the jurisdiction of intellectual property in the light of ECtHR jurisprudence
Abstract: Intellectual property is a new right if we look at the small number of requests submitted to the ECHR before the ’90s. This right is protected within the Convention through Article 1 of Protocol 1, but also through Art. 10. The contribution of this paper comes from demonstrating that the protection of digital intellectual property appears to be quite difficult because of issues with establishing jurisdiction.
Keywords: Jurisdiction, intellectual property, digital, internet, infractions
Teodor Papuc, The principle of proportionality and its test. Exploring motivations
Abstract: This paper is a short presentation of the principle of proportionality and of the test which enforces it at the Strasbourg Court. The paper analyses the stages of this test, with reference to the classical test. We affirm the supremacy of this instrument in comparison to rival judiciary tests in disputes which involve fundamental rights, in an attempt to popularize it in a space still dominated by fidelity to statutes and by abstract thinking.
Keywords: fundamental rights, principle of proportionality, test of proportionality, European Court for Human Rights
Kis Réka, The triangular protection of human rights in the European Union
Abstract: Currently the rights and fundamental liberties of citizens of the European Union are guaranteed by at least three different systems: national Constitutions, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The paper aims to outline the evolution of the three systems of protection, to analyze their interaction and to highlight certain difficulties in their co-functioning, given their disparate purpose and creation.
Keywords: human rights, national Constitutions, European Convention on Human Rights, Charter of Fundamental Rights of the European Union