This book deals with the collision of two fundamental rights within the European legal order: the right to access to documents and the right to data protection. If a document which is kept by one... Show moreThis book deals with the collision of two fundamental rights within the European legal order: the right to access to documents and the right to data protection. If a document which is kept by one of the European Union institutions contains personal data the two right collide. Although this possible collision is apparent, it is not sufficiently addressed in the two regulations in which both rights are further elaborated (Regulation 1049/2001 and Regulation 45/2001). After an analysis of legal developments within the EU, case law of the European Court of Human Rights and the relevant national legislation of the 27 Member States, the author presents his views on how the balance between the two rights should be struck. This leads to a concrete proposal for amending both regulations. Show less
This thesis is concerned with the legal framework surrounding the improper use and monopolization of signs with a high symbolic value or symbols. Central questions are: how does Dutch law look upon... Show moreThis thesis is concerned with the legal framework surrounding the improper use and monopolization of signs with a high symbolic value or symbols. Central questions are: how does Dutch law look upon signs that many of us regard as essential or sacred in our personal lives or our society, and: does this law presently stand where it should? The book discerns between (i) national and international symbols, (ii) cultural and historical symbols, (iii) religious symbols. The study deals with two main groups of issues that to a large extent make up the relationship between symbols and the law: (1) questions surrounding the rules for their use including legal responses to their improper use, and (2) questions with regard to their monopolization. Both parts together tell one story about assertions of right and wrong with regard to symbols Show less