The Convergence Of The Fundamental Rights Protection In Europe

Author : Rainer Arnold
Publisher : Springer
Page : 235 pages
File Size : 47,7 Mb
Release : 2016-04-05
Category : Law
ISBN : 9789401774659

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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.

Author : Philip Alston,Olivier De Schutter
Publisher : Hart Publishing
Page : 289 pages
File Size : 40,8 Mb
Release : 2005-02
Category : Law
ISBN : 9781841135342

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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.

Author : Vasiliki Kosta
Publisher : Bloomsbury Publishing
Page : 417 pages
File Size : 42,6 Mb
Release : 2015-11-05
Category : Law
ISBN : 9781782258971

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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.

Author : Sybe de Vries,Ulf Bernitz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 174 pages
File Size : 42,5 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.

Author : Lorenza Violini,Antonia Baraggia
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 50,7 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781786436054

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The Fragmented Landscape of Fundamental Rights Protection in Europe by Lorenza Violini,Antonia Baraggia Pdf

The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.

Author : Yumiko Nakanishi
Publisher : Springer
Page : 218 pages
File Size : 49,7 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.

Author : Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 42,8 Mb
Release : 2022-03-22
Category : Political Science
ISBN : 9781788117036

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An Introduction to Fundamental Rights in Europe by Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola Pdf

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity

Author : Giacomo Di Federico
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 54,5 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.

Author : Eduardo Gill-Pedro
Publisher : Routledge
Page : 250 pages
File Size : 52,6 Mb
Release : 2019-08-01
Category : Law
ISBN : 9781351176330

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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.

Author : Paul Beaumont,Carole Lyons,Neil Walker
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 49,5 Mb
Release : 2002-06-07
Category : Law
ISBN : 9781847310149

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Convergence and Divergence in European Public Law by Paul Beaumont,Carole Lyons,Neil Walker Pdf

This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).

Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 1865 pages
File Size : 49,6 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'.

Author : European Commission. Expert Group on Fundamental Rights
Publisher : Unknown
Page : 36 pages
File Size : 51,9 Mb
Release : 1999
Category : Amsterdam-traktaten
ISBN : UCSD:31822026408864

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Affirming Fundamental Rights in the European Union by European Commission. Expert Group on Fundamental Rights Pdf

Author : Chiara Amalfitano
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 49,9 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439437

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General Principles of EU Law and the Protection of Fundamental Rights by Chiara Amalfitano Pdf

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

Author : Nina-Louisa Arold Lorenz,Xavier Groussot,Gunnar Thor Petursson
Publisher : Martinus Nijhoff Publishers
Page : 309 pages
File Size : 44,5 Mb
Release : 2014-04-30
Category : Law
ISBN : 9789004258440

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The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? by Nina-Louisa Arold Lorenz,Xavier Groussot,Gunnar Thor Petursson Pdf

The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

Author : Dirk Ehlers,Ulrich Becker,Et al.
Publisher : Walter de Gruyter
Page : 645 pages
File Size : 43,9 Mb
Release : 2011-12-07
Category : Law
ISBN : 9783110971965

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European Fundamental Rights and Freedoms by Dirk Ehlers,Ulrich Becker,Et al. Pdf

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.