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Legal Framework ('De Lege Lata')

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Chapter Summary

This chapter examines five sets of regulation in turn. First, a brief overview is given of the development and different sources of childrens fundamental rights. Second, specific and very important fundamental rights, i.e., the right to freedom of expression , the right to privacy and rights relating to procedural guarantees (the right to a fair trial and the right to an effective remedy), are discussed in greater detail. Third, different aspects of the (direct and indirect) regulation of content are studied; this includes a closer examination of the new Audiovisual Media Services Directive, and elements of the e-Commerce Directive. Fourth, legislation with respect to the internal market and competition is briefly introduced. Finally, several general legislative principles and requirements, such as proportionality, subsidiarity and article 288 para. 3 TFEU [ex 249 EC Treaty], are clarified.

Keywords: childrens fundamental rights; EU legislative principles; freedom of expression; internal market and competition; media content regulation; right to privacy; rights relating to procedural guarantees



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