Fundamental Rights Challenges

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Fundamental Rights Challenges

Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino
Fundamental Rights Challenges Book PDF

Author : Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino
Publisher : Springer Nature
Page : 298 pages
File Size : 48,5 Mb
Release : 2021-06-17
Category : Law
ISBN : 9783030727987

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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 It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary.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.

Fundamental Rights in Europe

Federico Fabbrini
Fundamental Rights in Europe Book PDF

Author : Federico Fabbrini
Publisher : Oxford University Press
Page : 340 pages
File Size : 54,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780198702047

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Fundamental Rights in Europe by Federico Fabbrini Pdf

This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Sergio Carrera,Marco Stefan
Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union Book PDF

Author : Sergio Carrera,Marco Stefan
Publisher : Routledge
Page : 257 pages
File Size : 54,6 Mb
Release : 2020-02-25
Category : Law
ISBN : 9780429515286

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Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by Sergio Carrera,Marco Stefan Pdf

This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Protecting Human Rights in the EU

Tanel Kerikmäe
Protecting Human Rights in the EU Book PDF

Author : Tanel Kerikmäe
Publisher : Springer Science & Business Media
Page : 200 pages
File Size : 46,7 Mb
Release : 2013-08-30
Category : Law
ISBN : 9783642389023

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Protecting Human Rights in the EU by Tanel Kerikmäe Pdf

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.

Challenges of Human Rights in Latin America

César Landa
Challenges of Human Rights in Latin America Book PDF

Author : César Landa
Publisher : Cambridge Scholars Publishing
Page : 314 pages
File Size : 44,6 Mb
Release : 2018-11-07
Category : Law
ISBN : 9781527521032

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Challenges of Human Rights in Latin America by César Landa Pdf

Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of law’s institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (RED–IDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.

Constitutional Challenges in the Algorithmic Society

Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio
Constitutional Challenges in the Algorithmic Society Book PDF

Author : Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio
Publisher : Cambridge University Press
Page : 341 pages
File Size : 54,5 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781108843126

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Constitutional Challenges in the Algorithmic Society by Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio Pdf

How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.

Protection of Fundamental Rights in Europe

Sonia Morano-Foadi,Stelios Andreadakis
Protection of Fundamental Rights in Europe Book PDF

Author : Sonia Morano-Foadi,Stelios Andreadakis
Publisher : Springer Nature
Page : 254 pages
File Size : 50,5 Mb
Release : 2020-05-14
Category : Law
ISBN : 9783030423674

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Protection of Fundamental Rights in Europe by Sonia Morano-Foadi,Stelios Andreadakis Pdf

This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The ‘existential’ crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights’ regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.

Reinforcing Rule of Law Oversight in the European Union

Carlos Closa,Dimitry Kochenov
Reinforcing Rule of Law Oversight in the European Union Book PDF

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 42,9 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Smart Technologies and Fundamental Rights

John-Stewart Gordon
Smart Technologies and Fundamental Rights Book PDF

Author : John-Stewart Gordon
Publisher : BRILL
Page : 400 pages
File Size : 52,8 Mb
Release : 2020-12-07
Category : Philosophy
ISBN : 9789004437876

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Smart Technologies and Fundamental Rights by John-Stewart Gordon Pdf

The present volume, Smart Technologies and Fundamental Rights, contains fourteen outstanding and challenging articles concerning fundamental rights and Artificial Intelligence at the intersection of law, ethics and smart technologies.

Business and Human Rights in Europe

Angelica Bonfanti
Business and Human Rights in Europe Book PDF

Author : Angelica Bonfanti
Publisher : Routledge
Page : 264 pages
File Size : 42,7 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780429811258

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Business and Human Rights in Europe by Angelica Bonfanti Pdf

Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Handbook on European data protection law

Council of Europe,European Union Agency for Fundamental Rights
Handbook on European data protection law Book PDF

Author : Council of Europe,European Union Agency for Fundamental Rights
Publisher : Council of Europe
Page : 402 pages
File Size : 53,5 Mb
Release : 2018-04-15
Category : Political Science
ISBN : 9789287198495

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Handbook on European data protection law by Council of Europe,European Union Agency for Fundamental Rights Pdf

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Human Rights in the Council of Europe and the European Union

Steven Greer,Janneke Gerards,Rose Slowe
Human Rights in the Council of Europe and the European Union Book PDF

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 49,9 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Challenges of Human Rights in Latin America

Casar Landa,César Landa Arroyo
Challenges of Human Rights in Latin America Book PDF

Author : Casar Landa,César Landa Arroyo
Publisher : Unknown
Page : 304 pages
File Size : 50,5 Mb
Release : 2019
Category : Democracy
ISBN : 1527518000

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Challenges of Human Rights in Latin America by Casar Landa,César Landa Arroyo Pdf

Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of laws institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (REDIDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.

Fundamental Rights Protection Online

Bilyana Petkova,Tuomas Ojanen
Fundamental Rights Protection Online Book PDF

Author : Bilyana Petkova,Tuomas Ojanen
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 55,6 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788976688

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Fundamental Rights Protection Online by Bilyana Petkova,Tuomas Ojanen Pdf

Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.

Fundamental Rights and the Legal Obligations of Business

David Bilchitz
Fundamental Rights and the Legal Obligations of Business Book PDF

Author : David Bilchitz
Publisher : Cambridge University Press
Page : 523 pages
File Size : 48,5 Mb
Release : 2021-11-11
Category : Business & Economics
ISBN : 9781108841948

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Fundamental Rights and the Legal Obligations of Business by David Bilchitz Pdf

This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.