Freedom of individual and its limits in European judicial space
This paper explores a question of freedom, as fully recognised right granted to all individuals in accordance with a rule of law, which is characteristic for the democratic societies. It indicates some limits of freedom and aims of such application in reference to activity of individuals, taking into account the right to respect for private life, protection of personal data and application of biometry. The main noticeable aspect in this respect is that freedom, as a fundamental right of individuals does not have its absolute character. It is limited by freedoms of other persons, for the general interests of community, as a whole. The discussion is focused in perspective of European judicial space. A special emphasis is placed on the use of new techniques or technology of surveillance, in the fight against criminality The discussed question seems to be crucial with regard to the European Union (EU) security strategies in creating of the Area of Freedom, Security and Justice (AFSJ) in the interests of the 'European citizens'. Each individual should enjoy his right, for example to respect private right or protection of personal data, as it is granted under CHFR. In the context of the EU law, its norms shall be adopted and applied in the interests of the 'European citzens'. This approach seems to be compatible with a general trend in international law towards global justice for human security.
Journal/Publisher: Internal Security, Volume 6, Issue 1
Publication type: Article
Number of pages/Page range: 207-222
Language/s (content): English
Date of publication: 02-01-14
Personal data
Full name Joanna Beata BANACH-GUETIERREZ
Current occupation Member
University/Institution University of Warmia and Mazury in Olsztyn
Address Warszawska 98 street
Postal code 10-702
Telephone 0048 664018985