Eu Law Fundamental Rights And National Democracy

Eu Law Fundamental Rights And National Democracy Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Eu Law Fundamental Rights And National Democracy book. This book definitely worth reading, it is an incredibly well-written.

EU Law, Fundamental Rights and National Democracy

Eduardo Gill-Pedro

Author : Eduardo Gill-Pedro
Publisher : Routledge
Page : 250 pages
File Size : 44,8 Mb
Release : 2019-08-01
Category : Law
ISBN : 9781351176330

Get Book

EU Law, Fundamental Rights and National Democracy by Eduardo Gill-Pedro Pdf

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

After National Democracy

Lars Trägårdh

Author : Lars Trägårdh
Publisher : Hart Publishing
Page : 181 pages
File Size : 54,8 Mb
Release : 2004-05
Category : Law
ISBN : 9781841133287

Get Book

After National Democracy by Lars Trägårdh Pdf

In this book historians, legal scholars and political theorists consider the fate of national democracy in the age of globalization.

Democracy and Rule of Law in the European Union

Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin

Author : Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin
Publisher : Springer
Page : 232 pages
File Size : 53,6 Mb
Release : 2015-12-30
Category : Law
ISBN : 9789462650664

Get Book

Democracy and Rule of Law in the European Union by Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin Pdf

The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.

The Convergence of the Fundamental Rights Protection in Europe

Rainer Arnold

Author : Rainer Arnold
Publisher : Springer
Page : 235 pages
File Size : 54,8 Mb
Release : 2016-04-05
Category : Law
ISBN : 9789401774659

Get Book

The Convergence of the Fundamental Rights Protection in Europe by Rainer Arnold Pdf

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

Critical Reflections on Constitutional Democracy in the European Union

Sacha Garben,Inge Govaere,Paul Nemitz

Author : Sacha Garben,Inge Govaere,Paul Nemitz
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 53,6 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509933273

Get Book

Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul Nemitz Pdf

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Anneli Albi,Samo Bardutzky

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 44,8 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

Get Book

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Monitoring Fundamental Rights in the EU

Philip Alston,Olivier De Schutter

Author : Philip Alston,Olivier De Schutter
Publisher : Hart Publishing
Page : 289 pages
File Size : 49,7 Mb
Release : 2005-02
Category : Law
ISBN : 9781841135342

Get Book

Monitoring Fundamental Rights in the EU by Philip Alston,Olivier De Schutter Pdf

The first book to examine the creation and function of the EU Fundamental Rights Agency.

EU Fundamental Rights and National Democracies

Eduardo Gill-Pedro

Author : Eduardo Gill-Pedro
Publisher : Unknown
Page : 390 pages
File Size : 51,6 Mb
Release : 2016
Category : Charter of Fundamental Rights of the European Union
ISBN : 9176239624

Get Book

EU Fundamental Rights and National Democracies by Eduardo Gill-Pedro Pdf

The question asked in this thesis is: what is the impact on the democratic legitimacy of the legal orders of the member states of the EU, where the meaning of EU fundamental rights is determined by the Court of Justice of the EU. It begins by developing a theoretical framework which reconstructs the deep structure of the law of the member states, in order to understand the ground of legitimacy for national law. It concludes that the legitimacy of national law is tied to the democratic processes through which those subject to the law can contest the authority of that law. Human rights are the institutional mechanisms which make that contestation possible. Human Rights therefore are conditions of democracy. Further, human rights are legal norms which themselves are the subject of disagreement, therefore they need to be elaborated through democratic processes. The thesis argues that the European Convention on Human Rights ‘fits’ this understanding of human rights - the Convention and the ECtHR are best conceived as subsidiary supervisory mechanisms by which all the states which are parties to the Convention support each other in the observance of rights which form part of the deep structure of their own domestic laws, and which are the conditions for the democratic nature of their national legal orders. The thesis then uses that theoretical framework as a normative standards in order to conducts an assessment of the demands that the EU makes of the member states in respect of fundamental rights. It focuses on three aspects of the EU fundamental rights practice - the point of EU fundamental rights, the foundations of EU fundamental rights, and the citizen of the EU, as a bearer of rights. It observes that there are important differences between national human rights and EU fundamental rights in all three aspects. The thesis concludes that the demands which EU fundamental rights place on member states have the potential to undermine the ability of the member states legal orders to claim democratic legitimacy.--

Philosophical Foundations of European Union Law

Julie Dickson,Pavlos Eleftheriadis

Author : Julie Dickson,Pavlos Eleftheriadis
Publisher : Oxford University Press
Page : 468 pages
File Size : 51,5 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780199588770

Get Book

Philosophical Foundations of European Union Law by Julie Dickson,Pavlos Eleftheriadis Pdf

This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.

Fundamental Rights Challenges

Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino

Author : Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino
Publisher : Springer Nature
Page : 298 pages
File Size : 55,6 Mb
Release : 2021-06-17
Category : Law
ISBN : 9783030727987

Get Book

Fundamental Rights Challenges by Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino Pdf

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

The Constitution of European Democracy

Dieter Grimm

Author : Dieter Grimm
Publisher : Oxford University Press
Page : 175 pages
File Size : 46,8 Mb
Release : 2017-07-14
Category : Law
ISBN : 9780192527431

Get Book

The Constitution of European Democracy by Dieter Grimm Pdf

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.

The Enforcement of EU Law and Values

András Jakab,Dimitry Kochenov

Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 42,7 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510

Get Book

The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf

It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Human Dignity and Democracy in Europe

Bedford, Daniel,Dupré, Catherine,Halmai, Gábor,Kapotas, Panos

Author : Bedford, Daniel,Dupré, Catherine,Halmai, Gábor,Kapotas, Panos
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 52,9 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781789902846

Get Book

Human Dignity and Democracy in Europe by Bedford, Daniel,Dupré, Catherine,Halmai, Gábor,Kapotas, Panos Pdf

This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.

European Sovereignty, Legitimacy, and Power

Bart M.J. Szewczyk

Author : Bart M.J. Szewczyk
Publisher : Routledge
Page : 249 pages
File Size : 40,6 Mb
Release : 2020-12-23
Category : Political Science
ISBN : 9781000293081

Get Book

European Sovereignty, Legitimacy, and Power by Bart M.J. Szewczyk Pdf

This book shows how the EU’s dual sovereignty–legitimacy problem can be resolved through the political concept of European citizenship, which can serve both to define the scope of European sovereignty and to justify EU power beyond national democracy. It reconceptualizes the EU’s legitimacy problem and demonstrates how sources of legitimacy can be identified and give rise to European sovereignty. It argues that sovereignty should be based on the will of citizens acting through various political bodies within the EU—city halls, regional entities, national governments, and EU institutions—and develops a general theory, arguably applicable to any political order. The EU is an unprecedented political project that is in tension with traditional forms of state legitimation based on national democracy, as nationalists and populists throughout Europe often make clear. Against this backdrop, the book fully articulates the notion of European sovereignty and argues that the EU’s sources of legitimacy are based on European citizenship and national democracy. This book will be of key interest to scholars and students of EU politics, European integration, international institutions, and international relations.

EU Law in Populist Times

Francesca Bignami

Author : Francesca Bignami
Publisher : Cambridge University Press
Page : 611 pages
File Size : 45,8 Mb
Release : 2020-01-02
Category : Law
ISBN : 9781108485081

Get Book

EU Law in Populist Times by Francesca Bignami Pdf

A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Eu Law Fundamental Rights And National Democracy

EU Law, Fundamental Rights and National Democracy by Eduardo Gill-Pedro Pdf

After National Democracy by Lars Trägårdh Pdf

Democracy and Rule of Law in the European Union by Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin Pdf

The Convergence of the Fundamental Rights Protection in Europe by Rainer Arnold Pdf

Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul Nemitz Pdf

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

Monitoring Fundamental Rights in the EU by Philip Alston,Olivier De Schutter Pdf

EU Fundamental Rights and National Democracies by Eduardo Gill-Pedro Pdf

Philosophical Foundations of European Union Law by Julie Dickson,Pavlos Eleftheriadis Pdf

Fundamental Rights Challenges by Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino Pdf

The Constitution of European Democracy by Dieter Grimm Pdf

The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf

Human Dignity and Democracy in Europe by Bedford, Daniel,Dupré, Catherine,Halmai, Gábor,Kapotas, Panos Pdf

European Sovereignty, Legitimacy, and Power by Bart M.J. Szewczyk Pdf

EU Law in Populist Times by Francesca Bignami Pdf

Recent Posts