WHO - AND WHO - DOES THE LAW PROTECT FROM WHOM?

Maria Berger is the only Austrian woman to have exercised key functions in all three branches of government (legislative, executive and judiciary) in the European Union.
After studying law at the University of Innsbruck, she worked as a university assistant for public law and political science, then in Vienna at the Ministry of Science and the Federal Chancellery. From 1996 to 2009, she was a Member of the European Parliament, interrupted from 2007 to 2008 by her work as Federal Minister of Justice. From October 2009 to March 2019, she was a judge at the European Court of Justice in Luxembourg.

Anna Sporrer has worked in three core legal professions since completing her law degree at the University of Vienna: As a senior civil servant in the Constitutional Service of the Federal Chancellery for many years, as a lawyer specialising in family law and, since 2014, as a judge in asylum and aliens law in addition to her role as Vice President of the Administrative Court. She is Chairwoman of the Arbitration Commission of the Medical University of Vienna, was Chairwoman of the Equal Treatment Commission for the Private Sector from 1995 to 1998, was a member of the Human Rights Advisory Board of the Federal Ministry of the Interior and the Ombudsman Board and a member of the Bioethics Commission. From 1994 to the present day, she has been a lecturer at various Austrian universities and has published on fundamental and human rights, in particular on gender equality and anti-discrimination under constitutional, EU and international law aspects.

Moderation Tessa Szyszkowitz, journalist for profil, Falter, Cicero and others.

The European Court of Justice, which has been based in Luxembourg since 1952, makes decisions that are binding on the member states. A departing member such as Great Britain may consider this higher legal authority to be misguided, but the ECJ rulings lead to a uniform interpretation of EU law in the EU. The European Court of Human Rights, which has been based in Strasbourg since 1959, monitors compliance with the European Convention on Human Rights. Its judgements are also binding.
What does it mean when politicians in member states question these legal principles? Doesn't deportation to war and crisis zones violate Article 3 of the Convention on Human Rights, which states: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”? Would the introduction of „preventive detention“ constitute a breach of the right to liberty and security under Article 5 of the European Convention on Human Rights?