University of Bologna Law Review https://bolognalawreview.unibo.it/ <p>The <strong>University of Bologna Law Review – ISSN 2531-6133 (Online)</strong> is a gold open access and double blind peer-review legal journal run by University of Bologna School of Law students, and published by the Department of Legal Studies of the AMS University of Bologna (Italy). </p> en-US <p>The copyright of all the manuscripts on this journal belongs to the respective authors.</p><div><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img src="https://i.creativecommons.org/l/by/4.0/88x31.png" alt="Creative Commons License" /></a></div><p>This journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (<a href="http://creativecommons.org/licenses/by/4.0/legalcode">full legal code</a>). <br /> See also our <a href="/about/editorialPolicies#openAccessPolicy">Open Access Policy</a>.</p> bolognalawreview@unibo.it (Editorial Office ) ojs@unibo.it (OJS Support) Tue, 12 Apr 2022 15:05:16 +0200 OJS 3.2.1.4 http://blogs.law.harvard.edu/tech/rss 60 Legitimate Aims, Illegitimate Aims and the E.Ct.H.R.: Changing Attitudes and Selective Strictness https://bolognalawreview.unibo.it/article/view/14860 <p>This article aims to trace the recent changes in the case law of the European Court of Human Rights, pertaining to the legitimate aim test, which has so far not been appropriately considered in existing jurisprudence. It first shows that the legitimate aim test is not just a paper tiger, and has a bigger bite than it has been given credit for, especially for the last ten years. Furthermore, despite its “procedural turn”, the Court has recently been more inclined to take the legitimate aim disputes to a factual level by questioning the governments’ assertions of legitimate aims with regard to not only their legal justificatory capacities but also as to their factual accuracy. However, this shift towards a stricter, more sceptical approach is only observable against certain member states. This finding aligns with recent scholarship on the Court’s differentiated approach towards Member States, often called “the variable geometry”.</p> Necdet Umut Orcan Copyright (c) 2022 Nected Umut Orcan https://creativecommons.org/licenses/by/4.0 https://bolognalawreview.unibo.it/article/view/14860 Fri, 13 May 2022 00:00:00 +0200 Україна 2022 https://bolognalawreview.unibo.it/article/view/14696 Julian Fernandez Copyright (c) 2022 Julian Fernandez https://creativecommons.org/licenses/by/4.0 https://bolognalawreview.unibo.it/article/view/14696 Tue, 12 Apr 2022 00:00:00 +0200