"ARTICLE 7 CHARTER" [2014] ELECD 895; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 671

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 19

Section Title: ARTICLE 7 CHARTER

Number of pages: 34

Extract:

19
ARTICLE 7 CHARTER*

RESPECT FOR PRIVATE AND FAMILY LIFE

Everyone has the right to respect for his or her private and family life, home
and communications.


ARTICLE 8 ECHR ­ RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

1. Everyone has the right to respect for his private and family life, his
home and his correspondence.
2. There shall be no interference by a public authority with the exercise of
this right except such as is in accordance with the law and is necessary in
a democratic society in the interests of national security, public safety
or the economic well-being of the country, for the prevention of disor-
der or crime, for the protection of health or morals, or for the protection
of the rights and freedoms of others.


OVERVIEW

A. EXPLANATION RELATING TO 1. General 19.12
ARTICLE 7 CHARTER (p.672) 2. In accordance with the law 19.15
3. Legitimate aim 19.27
B. SCOPE OF APPLICATION 19.01 4. Necessary in a democratic society 19.28
1. Respect for the home 19.01 5. Assessment of the EU System 19.47
2. Respect for correspondence 19.07
3. Respect for privacy of telephone E. LEGAL PRIVILEGE 19.50
calls 19.09 1. Eur. Court H.R. 19.50
2. EU Courts 19.51
C. INTERFERENCE 19.10
F. EXCLUSIONARY RULE (p.704)
D. JUSTIFICATION FOR THE INTERFERENCE 19.12




* This chapter was written by Herman Speyart.

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A. EXPLANATION RELATING ...