Human Rights Law In Europe

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Human Rights Law in Europe

Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Human Rights Law in Europe Book PDF

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 248 pages
File Size : 49,6 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971861

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Human Rights Law in Europe by Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara Pdf

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

European Human Rights Law

Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
European Human Rights Law Book PDF

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 49,9 Mb
Release : 2008
Category : Law
ISBN : 9780199277469

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European Human Rights Law by Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley Pdf

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Contemporary Issues in Human Rights Law

Yumiko Nakanishi
Contemporary Issues in Human Rights Law Book PDF

Author : Yumiko Nakanishi
Publisher : Springer
Page : 218 pages
File Size : 41,7 Mb
Release : 2017-10-05
Category : Law
ISBN : 9789811061295

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Contemporary Issues in Human Rights Law by Yumiko Nakanishi Pdf

This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

Research Handbook on EU Law and Human Rights

Sionaidh Douglas-Scott,Nicholas Hatzis
Research Handbook on EU Law and Human Rights Book PDF

Author : Sionaidh Douglas-Scott,Nicholas Hatzis
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 42,6 Mb
Release : 2017-07-21
Category : Electronic
ISBN : 9781782546405

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Research Handbook on EU Law and Human Rights by Sionaidh Douglas-Scott,Nicholas Hatzis Pdf

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

The European Union and Human Rights

Jan Wouters,Manfred Nowak,Anne-Luise Chane,Nicolas Hachez
The European Union and Human Rights Book PDF

Author : Jan Wouters,Manfred Nowak,Anne-Luise Chane,Nicolas Hachez
Publisher : Oxford University Press, USA
Page : 729 pages
File Size : 43,5 Mb
Release : 2021-02-17
Category : Law
ISBN : 9780198814191

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The European Union and Human Rights by Jan Wouters,Manfred Nowak,Anne-Luise Chane,Nicolas Hachez Pdf

EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.

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 : 43,6 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.

The Human Rights of Migrants in European Law

Cathryn Costello
The Human Rights of Migrants in European Law Book PDF

Author : Cathryn Costello
Publisher : Oxford University Press
Page : 401 pages
File Size : 49,7 Mb
Release : 2016
Category : Law
ISBN : 9780199644742

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The Human Rights of Migrants in European Law by Cathryn Costello Pdf

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Law, Democracy and the European Court of Human Rights

Rory O'Connell
Law Democracy and the European Court of Human Rights Book PDF

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 52,8 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072

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Law, Democracy and the European Court of Human Rights by Rory O'Connell Pdf

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 52,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Human Rights in European Criminal Law

Stefano Ruggeri
Human Rights in European Criminal Law Book PDF

Author : Stefano Ruggeri
Publisher : Springer
Page : 317 pages
File Size : 44,5 Mb
Release : 2015-01-02
Category : Law
ISBN : 9783319120423

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Human Rights in European Criminal Law by Stefano Ruggeri Pdf

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

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 : 46,7 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

Migration Law, Policy and Human Rights

Rachael Dickson
Migration Law Policy and Human Rights Book PDF

Author : Rachael Dickson
Publisher : Routledge
Page : 240 pages
File Size : 48,6 Mb
Release : 2022-04-28
Category : Law
ISBN : 9781000570700

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Migration Law, Policy and Human Rights by Rachael Dickson Pdf

Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

Human Rights Law in Europe

Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Human Rights Law in Europe Book PDF

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 398 pages
File Size : 47,5 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971939

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Human Rights Law in Europe by Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara Pdf

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

The European Union and Human Rights

Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
The European Union and Human Rights Book PDF

Author : Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
Publisher : Oxford University Press
Page : 672 pages
File Size : 41,5 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192543936

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The European Union and Human Rights by Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez Pdf

With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.

The Evolving Psyche of Law in Europe

Magdalena Smieszek
The Evolving Psyche of Law in Europe Book PDF

Author : Magdalena Smieszek
Publisher : Springer Nature
Page : 275 pages
File Size : 48,8 Mb
Release : 2021-06-04
Category : Law
ISBN : 9783030744137

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The Evolving Psyche of Law in Europe by Magdalena Smieszek Pdf

The book applies an interdisciplinary analytical framework, based on social psychology theories of inclusion and exclusion, to a discussion of legal discourse and the development of legal frameworks in Europe concerning migrants, asylum seekers, refugees, and European citizens. It adopts a psycho-historical perspective to discuss the evolution of international and European law with regard to the rights of citizens and asylum-seeking non-citizens, from the law’s inception following the Second World War up to present-day laws and policies. The book reveals the embracing of a European identity based on human rights as the common feature in European treaties and institutions, one that is focused on European citizens and has inclusionary objectives. However, a cognitive dissonance can also be found, as this common identity-making runs counter to national proclivities, as well as securitized, threat-perception-oriented perspectives that can produce exclusionary manifestations concerning persons seeking asylum. In particular, a view of inclusion and exclusion via legal categorizations of status, as well as distributions of social and economic rights, draws attention to the links between social psychology and international law. What emerges in the analysis: a process of creating value is present both at its psychological roots and the expressions of value in the law. Fundamentally speaking, the emergence of laws and policies that center on human beings and human dignity, when understood from a psychological and emotion-based perspective, has the potential to transcend the dissonances identified.