Entreprise, économie & droit

  • Freedom of expression is not absolute, even though it is a fundamental right enshrined in the European Convention on Human Rights. Under the terms of the Article 10 of the Convention, its exercise may be subject to such restrictions as are prescribed by law and are "necessary in a democratic society" in order to uphold the rights of all individuals.
    The author compares and analyses the protection of and limits on the right to freedom of expression in the case law of European constitutional courts and the European Court of Human Rights, drawing on practical examples, to see whether a common European approach exists in this area.

  • What laws should states enact to protect and promote their cultural heritage, and what administrative systems can they put in place to manage their cultural heritage policies most effectively? This revised and expanded guidance document aims to provide authoritative information on good practice in three primary areas:
    - the architectural heritage;
    - the archaeological heritage; and
    - the movable heritage.
    Consideration is given to integrated approaches to conservation, in particular those which take into account the global concept of sustainable development and the need for community involvement in formulating legal and institutional mechanisms.
    This publication is part of a series launched in 2000 on topics of general interest, based on experience acquired through pilot projects in different countries, and made available to all those involved in heritage in the member states of the Council of Europe.

  • Many people in Europe are stigmatised because of their sexual orientation or gender identity and cannot fully enjoy their universal human rights. Some of them are victims of violence, others have fled to Europe from countries where they risk being persecuted. Organisations representing lesbian, gay, bisexual and transgender (LGBT) persons have been denied registration or banned from organising peaceful meetings in some states in Europe. Too few politicians have taken a firm stand against homophobic and transphobic expressions, discrimination and violence.
    This report presents the results of the largest socio-legal study ever carried out on discrimination on grounds of sexual orientation and gender identity in the 47 member states of the Council of Europe. Six thematic chapters give a broad overview of the human rights situation of LGBT persons and recommendations are provided for developing and implementing effective measures to address discrimination.
    The report is intended as a tool for dialogue with authorities and other stakeholders. It constitutes a baseline study for further action in both legislative and policy fields to ensure that all LGBT people can effectively exercise their human rights.

  • Anti-money laundering and countering the financing of terrorism (AML/CFT) continues to be a dynamic subject area. Dirty money has again been revised and expanded to keep pace with international developments over recent years, and this is the fourth edition.
    Since the third edition, all countries in the Financial Action Task Force (FATF) and MONEYVAL, the Council of Europe's primary AML/CFT monitoring arm, have been subject to detailed evaluation under the 2003 FATF recommendations. This edition explains how the interdependent network of global assessment bodies works to identify countries which pose threats to the global financial system. The European Union's third directive has been brought into force since the last edition and its provisions are fully analysed. This edition also explains how the most recent Council of Europe treaty in this area, the Warsaw convention, which came into force in 2008, can assist states to achieve more effective money laundering investigations and prosecutions, as well as deterrent confiscation orders.
    This book, as with the previous editions, is designed for a wide audience, not only actors in national AML/CFT systems in both the public and private sectors, but also all those who simply wish to be better informed about how the international community continues to fight these truly global threats.

  • Le 50e anniversaire de la Charte sociale européenne est l'occasion de dresser un bilan exhaustif et éclairant sur un des traités fondamentaux du Conseil de l'Europe.Quelle est son origine ? Quels sont les Etats concernes ? Quels sont ses atouts ? Quels sont les nouveaux enjeux que la Charte doit prendre en compte ?Cet ouvrage dynamique et accessible permettra au lecteur de mieux connaitre un texte essentiel pour la défense des droits de l'homme en Europe et ailleurs.

  • Europe is bearing the full load of globalisation. Besides population movements on an unprecedented scale, awareness of our interdependence and competition for natural resources are increasing. These changes affect not only institutions and individuals on social and economic grounds, but also, more decisively, public opinion. People have a vague sense of insecurity, fear and anxiety, fuelling doubts about the future: never before has confidence been so lacking in the modern era.
    This anxiety is spreading across Europe. The deterioration of the global ecosystem and the unfair distribution of goods have created inequalities and social injustice. Unemployment levels are soaring and debt is increasing for households - including those whose members work - and states alike. Weakened by the recent financial crisis, states are hard put to preserve the social protection provided since the Second World War.
    Against this background, the Council of Europe has asked several noted intellectuals about their vision for the future, inviting them to share their thoughts in order to spark a debate on how to envisage societal progress and ways of living together.

  • The present publication describes and analyses the measures taken or under consideration by European countries to mitigate the impact of the current financial crisis on the most vulnerable population groups and on the financing of social security systems.
    In the first part, it provides facts and figures regarding the consequences of the crisis on European labour markets and on social security schemes. The second part sums up and classifies anti-crisis measures into three broad categories: social security policies, employment policies and public sector policies.

  • What role do the people play in defining and developing human rights?This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford.The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

  • The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups.Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined.The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.

  • In addition to long-term demographic trends, European social security systems face new challenges as a result of increased global competition and an international banking system focused on short-term financial gain. This report therefore explores new ways for European policy makers and institutions to make social security systems more sustainable. It investigates ways to achieve short and long-term financial viability. It also identifies key mechanisms that work to achieve social cohesion, such as greater emphasis on social rights and social dialogue. It then examines the main policy issues in sustaining major individual social security programmes, such as health care, social assistance and family benefits, pensions, unemployment and work incapacity benefits, as well as long-term care.