Nasiya Daminova | Tampere University (original) (raw)

Papers by Nasiya Daminova

156 EU Law Live Weekend Edition, Special Issue ‘The EU Directives on Procedural Rights in Criminal Matters: Almost 15 years after the Roadmap, where do we stand, where do we go?’, 15-21, 2023

MTA Law Working Papers, 2024/11, 2024

The so-called ‘due process’ rights captured by Arts. 47-50 CFREU are crucial for proper functioni... more The so-called ‘due process’ rights captured by Arts. 47-50 CFREU are crucial for proper functioning of the European Union’s internal market and of the EU’s Area of Freedom, Security and Justice. At the same time, they are often applied in conjunction with other CFREU rights drafted specifically for the Union’s legal order (Arts. 15-17), which led to a significant autonomy of standards of the Human Rights protection in this area. The global COVID-19 pandemic caused by the novel Coronavirus SARS-CoV-2 (2020-2022) added complexity to the overall situation, requiring the CJEU to develop new proportionality tests within the context of a public health emergency. This contribution attempts to analyse if and how the Coronavirus pandemic influenced the way the CFREU ‘due process’ provisions are applied and interpreted by the Luxembourg Court, given their vital importance for the enforcement of all other substantive rights captured by the EU Charter of Fundamental Rights. The main argument presented is that this body of law can be conventionally divided into five categories: (1) ‘EU’s Competition, Public Procurement and State Aid’, (2) ‘EU’s Economic Policy Governance’, (3) ‘Area of Freedom Security & Justice’, (4) ‘EU’s Environmental Laws and Policies’ and the (5) ‘Rule of Law Backsliding’ – with the sector-specific legal reasoning based on the Title VI ‘Justice’ CFREU provisions. It will be stated that this case-law reflects general trends in the Luxembourg Court’s jurisprudence – such as, for instance, the systemic interpretation of the Title VI ‘Justice’ CFREU as a whole - but also adds novelty to the existing CJEU’s proportionality tests due to the specificity of the legal background, namely the assessment of the COVID-19 legislation or the pandemic-related restrictions.

The CJEU Faced with ‘Presumption of Innocence’ Directive 2016/343: Reshaping the ECHR Standards?

European Yearbook on Human Rights 2022, Nov 30, 2022

The CJEU as a Guarantor of Judicial Independence in the EU?

Hungarian Yearbook of International Law and European Law

Review of European and Comparative Law

As stated in the European Convention on Hu- man Rights Preamble, the aim of the Council of Europe... more As stated in the European Convention on Hu- man Rights Preamble, the aim of the Council of Europe is the achievement of greater unity between its members through the maintenance and realisation of Human Rights and Fundamental Freedoms . Nowadays, the European Union includes the majority of the ECHR signatories (27 of 47) and incorporates the key legal instrument of judicial cooperation in criminal matters, namely the European Arrest Warrant Framework Decision . Nevertheless, the possible effects of the EAWFD on the practice of the European Court of Human Rights remain understudied – despite the crucial need to properly balance the enforcement of the principle of mutual recognition and Human Rights protection in the European Union. Since the first attempts to approach the EAWFD, the Strasbourg Court preferred to find the applications inadmissible (Pianese, Monedero Angora, Stapleton) or to establish a very high threshold for establishing a Convention violation within this context (Pi...

1 MTA Law Working Papers, 2021

The approach of the European Medicines Agency (EMA) to the transparency of the documents submitte... more The approach of the European Medicines Agency (EMA) to the transparency of the documents submitted by the pharmaceutical enterprises has evolved significantly during the last decade. The gradual development of the EU’s secondary legislation, namely the adoption of EMA Policy on access to documents (Policy 0043, 2010) followed by the Policy on publication of clinical data (Policy 0070, 2014) and Clinical Trials Regulation No 536/2014 have raised more issues as they arguably question the substance of the ‘commercially confidential information’ notion. The ongoing public health crisis seems to have fuelled the discourse, in view of the EMA calls to urge transparency and collaboration on COVID-19 studies - to facilitate more robust research results. Even though the first attempts were made to investigate the CJEU’s approach to the application of the EMA Policies 0043 and 0070, a very important issue - namely, the impact of the EU Charter on the EMA transparency policies - comprising the extra transparency measures for COVID-19 vaccines and therapeutics – still remains unsolved. Considering the InterMune UK, PTC Therapeutics International, MSD Animal Health Innovation lines of reasoning, this paper aims to explore if and how the EU Court of Justice applies relevant CFREU provisions, in order to counter-balance the competing interests of the pharma enterpises (confidentiality of the clinical data) and the European Medicines Agency (public access to the documents). The main argument presented is that the CJEU’s approach to Art. 7 (‘Respect for private and family life’) and – sporadically – Arts. 16 (‘Freedom to conduct a business’), 17 (‘Right to property’) and 47 (‘Right to an effective remedy and to a fair trial’) CFREU in these cases has manifested the transition from the general presumption of confidentiality with respect to the company-issued health data to disclosure of such data - with a low likelihood of changes in the observable future, even in view of the ongoing COVID-2019 developments.

The European Court of Human Rights on the ‘Access to a Lawyer’ Directive 2013/48/EU: the Quest for a Coherent Application of the Right to a Legal Assistance in Europe?

European Criminal Law Review

The right to a custodial legal assistance has always been considered a key procedural guarantee i... more The right to a custodial legal assistance has always been considered a key procedural guarantee in criminal proceedings, which allowed for the effective realisation of other ‘due process’ rights of the suspected or accused person. The ‘Access to a lawyer’ Directive 2013/48/EU is one of the outcomes of the massive legal reform which followed the famous Salduz ruling (2008), where the European Court of Human Rights (ECtHR) prominently stated that the accused shall be provided with assistance of counsel since the initial stages of police interrogation. At the same time, scholars have not paid attention to the possible effects of Directive 2013/48/EU on the practice of the Strasbourg Court. The aim of this paper is to shed light on the way the ‘Access to a lawyer’ Directive is perceived by the ECtHR, given the incredible uncertainty surrounding this issue. The author argues that - paradoxically - the Directive text seems to have had significant impact on the Ibrahim, Simeonovi, Beuze li...

The ‘Due Process’ Rights as a Part of the EU’s Acquis Communautaire: a Challenge for the EU (Potential) Candidate States?

Austrian Review of International and European Law, 2018

The ‘due process’ rights form a part of the EU’s acquis communautaire (Chapters 23 and 24) and no... more The ‘due process’ rights form a part of the EU’s acquis communautaire (Chapters 23 and 24) and now occupy a prominent position in the EU Enlargement process. This paper aims to explore possible legal conflicts which may arise in the application of Arts. 47-50 EU Charter after the accession of current EU (potential) candidate States to the European Union, considering their simultaneous participation in the European Convention on Human Rights. Firstly, an attempt is made to define the influence of the CJEU Opinion 2/13 on the likelihood of ‘Melloni-type’ conflicts, taking into account the ‘non-regression’ clause of Art. 53 of the European Convention. Secondly, the paper elaborates on the role of the preliminary reference procedure in light of the CJEU CILFIT and Köbler cases, as well as relevant ECtHR judgments (Dhahbi and Schipani). Thirdly, the paper focuses on the CJEU DEB and Orizzonte Salute lines of reasoning which raise the question of the ‘due process’ rights’ substance within...

Hungarian Journal of Legal Studies, 2019

The first attempts of the European Commission and Parliament to invoke Art. 7(1) of the Treaty on... more The first attempts of the European Commission and Parliament to invoke Art. 7(1) of the Treaty on European Union against the Polish and Hungarian governments demonstrate the EU's political willingness to claim its own authority in defending core European values (Art. 2 TEU) in case of state disobedience. However, despite these attempts to integrate the Rule of Law concept into the overall EU's supervisory machinery, the Commission's and the Parliament's submissions indicate a lack of coherency in implementing the principle as a relevant tool to address multiple challenges arising within the EU Member States legal systems. The parallel developments in the CJEUs case-law (LM/ML, Torubarov) support this statement. Regardless of the Council's yes/ no decisions in the Polish and Hungarian cases, these lines of reasoning are capable of giving rise to further questions in application of the European Arrest Warrant Framework decision or the Asylum Procedures Directive, in particular the EU Member States which remain within the scope of the EU's attention in view of systemic Human Rights violations (Italy, Romania, Bulgaria, Croatia). Moreover, the series of the CJEU's judgements on the Polish judicial reform are capable of paving the way to the de facto intervention into traditional areas of the EU Member States competence -the organisation of the national judicial systems, in light of the development of a EU-specific principle of effective judicial review.

Silesian Journal of Legal Studies, 2018

EUROPEAN STUDIES: The Review of European Law, Economics and Politics, 2017

Baltic Journal of Law & Politics, 2017

The 'access to justice' within the meaning of the Treaty of Lisbon and the pertinent CJEU jurispr... more The 'access to justice' within the meaning of the Treaty of Lisbon and the pertinent CJEU jurisprudence is primarily seen as access to the EU judicial system, i.e. to the EU Member States' national courts applying the EU Law or/and the CJEU. The concept of 'access to justice' is therefore developing such premises of the Van Gend en Loos judgment as direct effect, vigilance of the EU individual, and the symbiotic relationship between the CJEU and national courts via the preliminary reference procedure. This work aims to explore the development of two basic ideas of Van Gend en Loos, i.e. granting directly enforceable EU rights to individuals and authorizing national courts to protect those rights, in light of the 'access to justice' concept within the meaning of the Lisbon Treaty -considering their importance for the realization of EU individuals' substantive rights and uncertainty surrounding this issue. The paper develops a critique of the theory of justice in EU Law, analyzing if and how the Van Gend en Loos premises influenced the role of individuals making an attempt to claim their EU rights and the Unauthenticated Download Date | 3/16/18 2:29 PM

Journal of Foreign Legislation and Comparative Law, 2016

Workshop on the ECtHR Tampere 2015. Uusi Tampereen yliopiston blogit -sivusto , 29 February 2016