Fundamental Rights In Eu Internal Market Legislation

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Fundamental Rights in EU Internal Market Legislation

Vasiliki Kosta
Fundamental Rights in EU Internal Market Legislation Book PDF

Author : Vasiliki Kosta
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 54,8 Mb
Release : 2015-11-05
Category : Law
ISBN : 9781782258988

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Fundamental Rights in EU Internal Market Legislation by Vasiliki Kosta Pdf

This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

The Protection of Fundamental Rights in the EU After Lisbon

Sybe de Vries,Ulf Bernitz,Stephen Weatherill
The Protection of Fundamental Rights in the EU After Lisbon Book PDF

Author : Sybe de Vries,Ulf Bernitz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 174 pages
File Size : 42,6 Mb
Release : 2013-01-04
Category : Law
ISBN : 9781782250593

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The Protection of Fundamental Rights in the EU After Lisbon by Sybe de Vries,Ulf Bernitz,Stephen Weatherill Pdf

The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.

European Union Internal Market Law

Friedl Weiss,Clemens Kaupa
European Union Internal Market Law Book PDF

Author : Friedl Weiss,Clemens Kaupa
Publisher : Cambridge University Press
Page : 363 pages
File Size : 53,9 Mb
Release : 2014-06-19
Category : Business & Economics
ISBN : 9781107035355

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European Union Internal Market Law by Friedl Weiss,Clemens Kaupa Pdf

This student-friendly textbook covers everything students need to know about the legal and regulatory framework of the internal market.

Research Handbook on the Law of the EU’s Internal Market

Panos Koutrakos,Jukka Snell
Research Handbook on the Law of the EU s Internal Market Book PDF

Author : Panos Koutrakos,Jukka Snell
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 50,5 Mb
Release : 2017-01-27
Category : Law
ISBN : 9781783478101

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Research Handbook on the Law of the EU’s Internal Market by Panos Koutrakos,Jukka Snell Pdf

While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.

The EU Charter of Fundamental Rights

Giacomo Di Federico
The EU Charter of Fundamental Rights Book PDF

Author : Giacomo Di Federico
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 50,9 Mb
Release : 2010-12-02
Category : Law
ISBN : 9789400701564

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The EU Charter of Fundamental Rights by Giacomo Di Federico Pdf

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

Commentary on the EU

Marcus Klamert,Manuel Kellerbauer,Jonathan Tomkin
Commentary on the EU Book PDF

Author : Marcus Klamert,Manuel Kellerbauer,Jonathan Tomkin
Publisher : Unknown
Page : 2513 pages
File Size : 51,7 Mb
Release : 2019-05-02
Category : Charter of Fundamental Rights of the European Union
ISBN : 9780198794561

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Commentary on the EU by Marcus Klamert,Manuel Kellerbauer,Jonathan Tomkin Pdf

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

The Reach of Free Movement

Mads Andenas,Tarjei Bekkedal,Luca Pantaleo
The Reach of Free Movement Book PDF

Author : Mads Andenas,Tarjei Bekkedal,Luca Pantaleo
Publisher : Springer
Page : 419 pages
File Size : 47,8 Mb
Release : 2017-09-26
Category : Law
ISBN : 9789462651951

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The Reach of Free Movement by Mads Andenas,Tarjei Bekkedal,Luca Pantaleo Pdf

The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

EU Citizens’ Economic Rights in Action

Sybe de Vries,Elena Ioriatti,Paolo Guarda,Elisabetta Pulice
EU Citizens Economic Rights in Action Book PDF

Author : Sybe de Vries,Elena Ioriatti,Paolo Guarda,Elisabetta Pulice
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 53,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788113465

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EU Citizens’ Economic Rights in Action by Sybe de Vries,Elena Ioriatti,Paolo Guarda,Elisabetta Pulice Pdf

Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers, and proposes ways in which they may be overcome.Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors such as the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book provide a pathway to enhance cross border realisation of European citizens' access to the realisation of their economic rights, as well as increase in the cultural richness of the EU.EU Citizens' Economic Rights In Action is an important book, which will be an essential resource for students of EU citizenship, and economics, as well as for EU policymakers and practitioners interested in the field.

The Internal Market 2.0

Sacha Garben,Inge Govaere
The Internal Market 2 0 Book PDF

Author : Sacha Garben,Inge Govaere
Publisher : Bloomsbury Publishing
Page : 413 pages
File Size : 43,5 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781509939046

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The Internal Market 2.0 by Sacha Garben,Inge Govaere Pdf

This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future. The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership. Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.

Trade Regulation and Policy in the EU Internal Market

Maletić, Isidora
Trade Regulation and Policy in the EU Internal Market Book PDF

Author : Maletić, Isidora
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 43,6 Mb
Release : 2022-06-21
Category : Law
ISBN : 9781800886681

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Trade Regulation and Policy in the EU Internal Market by Maletić, Isidora Pdf

Exploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.

The EU Charter of Fundamental Rights

Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
The EU Charter of Fundamental Rights Book PDF

Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 1865 pages
File Size : 55,5 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467476

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The EU Charter of Fundamental Rights by Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward Pdf

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

The EU Charter of Fundamental Rights as a Binding Instrument

Sybe de Vries,Ulf Bernitz,Stephen Weatherill
The EU Charter of Fundamental Rights as a Binding Instrument Book PDF

Author : Sybe de Vries,Ulf Bernitz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 48,8 Mb
Release : 2015-12-03
Category : Law
ISBN : 9781782258230

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The EU Charter of Fundamental Rights as a Binding Instrument by Sybe de Vries,Ulf Bernitz,Stephen Weatherill Pdf

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

Private Autonomy in EU Internal Market Law

Rufat Babayev
Private Autonomy in EU Internal Market Law Book PDF

Author : Rufat Babayev
Publisher : Bloomsbury Publishing
Page : 309 pages
File Size : 45,5 Mb
Release : 2024-04-04
Category : Law
ISBN : 9781509920716

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Private Autonomy in EU Internal Market Law by Rufat Babayev Pdf

Ambitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market. The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces. In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.

General Principles of EU Law and the EU Digital Order

Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe de Vries
General Principles of EU Law and the EU Digital Order Book PDF

Author : Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe de Vries
Publisher : Kluwer Law International B.V.
Page : 685 pages
File Size : 49,8 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403512259

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General Principles of EU Law and the EU Digital Order by Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe de Vries Pdf

Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

EU Law and the Harmonization of Takeovers in the Internal Market

Thomas Papadopoulos
EU Law and the Harmonization of Takeovers in the Internal Market Book PDF

Author : Thomas Papadopoulos
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 46,8 Mb
Release : 2010-01-01
Category : Business & Economics
ISBN : 9789041133403

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EU Law and the Harmonization of Takeovers in the Internal Market by Thomas Papadopoulos Pdf

Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires the board to obtain the prior authorization of the general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, restricting significant transfer and voting rights during the time allowed for acceptance of the bid. Other relevant legal issues covered in the course of the analysis include the following: A { the right of establishment as a right of legal persons; A { vertical vs.