The Introduction provides an overview of the research project 'The Role and Future of National Constitutions in European and Global Governance', which was funded by a five-year grant of 1.2 million EUR, awarded by the European Research Council (ERC). The research findings are published in the present two-volume book, containing national reports from twenty-eight EU Member States, and a twenty-ninth reportfocusing on constitutional reforms related to global governancefrom Switzerland. The reports are based on the project Questionnaire. The main themes are threefold: (a) constitutional amendments with a view to EU membership; (b) constitutional adjudication at the national level regarding EU measures such as the Data Retention Directive, European Arrest Warrant and ESM Treaty; and (c) novel challenges that are increasingly highlighted in the wider context of global governance (i.e. beyond the classic international treaties that advance human rights, peace and environmental protection) in relation to democratic participation, judicial review and the rule of law. Whilst in the mainstream discourse national constitutions have typically
On 22 December 2009, the Grand Chamber of the European Court of Human Rights (hereafter: the Court) issued a judgment on the applications filed by two citizens of Bosnia and Herzegovina, Mr Dervo Sejdić and Mr Jakob Finci. It found a violation of their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms and under the Protocols to the Convention. Bosnia and Herzegovina had violated the applicants' rights under Article 14 of the Convention in conjunction with Article 3 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and under Article 1 of Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms.
The purpose of this article is to discuss the issue of limitations of human rights and fundamental freedoms in the 1991 Constitution of the Republic of Slovenia. The discussion is set in the context of a large-scale health crisis, i. e. the SARS-CoV-2 (the virus) and COVID-19 (the disease) epidemic. The article first describes the position of human rights and fundamental freedoms in the Slovenian constitutional order, and discusses the possibilities to limit human rights and fundamental freedoms. In this section, the article introduces the concept of ‘limitations on limitations’ (similar to the German Schranken-Schranken) and presents the requirements of such limitations in Slovenian constitutional law. It then turns to the mechanism of temporary suspension and restriction of human rights and fundamental freedoms during a war or state of emergency as foreseen in Article 16 of the Constitution. In the third part, the article discusses the limitations of human rights and fundamental freedoms enacted brought forward by the government measures intended to tackle the epidemic, i.e. the concrete substatutory norms passed between March and October 2020. This article presents selected issues and affected human rights such as freedom of movement, personal liberty, right to health, and freedom of assembly. The final part of the article discusses the concept of ‘limitations on limitations’ that has demonstrated its relevance for the protection of a meaningful level of human rights in the period of the epidemiological crisis.
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