Fundamental Rights in Europe

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Author: Federico Fabbrini

Publisher: Oxford University Press

ISBN: 0198702043

Category: Law

Page: 319

View: 3487

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

EU Counter-Terrorist Policies and Fundamental Rights

The Case of Individual Sanctions

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Author: Christina Eckes

Publisher: Oxford University Press

ISBN: 019957376X

Category: Law

Page: 478

View: 5232

This book examines the complex legal issues arising from the European Union's practice of listing and sanctioning private individuals for having supported terrorism. These 'individual sanctions' (asset freezes and travel bans) are adopted pursuant to the same composite procedure that is used for sanctions against states. This raises problems with regard to the protection of procedural rights and the competence division within the EU. Moreover, some of thesemeasures directly give effect to United Nations lists of terrorist suspects. This makes it necessary to determine the status and binding force of obligations under the UN Charter within the European legal order. The core of this book is a comprehensive analysis of the growing body of case-law ofthe European Courts concerning individual sanctions. The analysis focuses on three main issues: fundamental rights protection in the fight against the financing of terrorism, the relationship between the European legal order and the UN Charter...

Social Rights in Europe

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Author: Gráinne De Búrca,Bruno de Witte,Larissa Ogertschnig

Publisher: Oxford University Press on Demand

ISBN: 9780199286171

Category: Political Science

Page: 421

View: 7191

"This volume of essays originates in a conference organized by the Academy of European Law at the European University Institute in Florence"--Preface.

The Coherence of EU Law

The Search for Unity in Divergent Concepts

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Author: Sacha Prechal

Publisher: Oxford University Press, USA

ISBN: 0199232466

Category: Law

Page: 531

View: 6535

This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and domestic application of EU law? The volume addresses these central questions from a range of theoretical and practical perspectives.

EU Equality Law

The First Fundamental Rights Policy of the EU

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Author: ELISE. MUIR

Publisher: N.A

ISBN: 0198814666

Category:

Page: 256

View: 1981

The focus of this monograph is on the evolution of EU policies designed to realize specific fundamental rights, and how this is delivered in EU equality law.

The Protection of Fundamental Rights in the EU After Lisbon

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Author: Sybe de Vries,Ulf Bernitz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 178225059X

Category: Law

Page: 246

View: 3920

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 Law

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Author: Steve Peers

Publisher: Oxford University Press

ISBN: 0198789130

Category: Law

Page: 836

View: 7339

Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction to EU law. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant caselaw in the area. Quotations and examples from key EU legislation and academic sources are also included to help develop an understanding of EU law, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. As the process of the UK leaving the EU unfolds, readers can also visit the OUP European Union Law Resource Centre for up-to-date comment, opinion, and updates created by our authors to engage students with the legal and political issues and considerations at play.

The Human Rights of Migrants in European Law

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Author: Cathryn Costello

Publisher: Oxford University Press

ISBN: 0199644748

Category: Law

Page: 350

View: 3376

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.

National Identity in EU Law

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Author: Elke Cloots

Publisher: OUP Oxford

ISBN: 0191053503

Category: Law

Page: 414

View: 2813

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

Normative Patterns and Legal Developments in the Social Dimension of the EU

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Author: Ann Numhauser-Henning,Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 178225191X

Category: Law

Page: 282

View: 8289

This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.

Der Europarat

Eine Einführung

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Author: Klaus Brummer

Publisher: Springer-Verlag

ISBN: 9783531157108

Category: Political Science

Page: 285

View: 384

1949 als ein Zusammenschluss zehn westeuropäischer Staaten gegründet, verbindet der Europarat heute 800 Millionen Menschen aus 47 europäischen Staaten. Die Stellung des Europarats im europäischen Integrationsprozess ist jedoch nicht unumstritten. Gerade die thematische wie geografische Erweiterung der Europäischen Union stellt die Zukunft der traditionsreichen Straßburger Organisation in Frage. Dennoch hat der Europarat auch künftig eine wichtige Rolle im europäischen Integrationsprozess zu spielen. Das gilt vor allem für die europaweite Sicherung bzw. Verwirklichung seiner zentralen Wertetrias aus Demokratie, Menschenrechten und Rechtsstaatlichkeit. Nach einer Einführung in die historische Entwicklung des Europarats analysiert dieses Buch im Detail die institutionellen Strukturen der Organisation und entwickelt im Ausblick eine „Zukunftsagenda“ für den Europarat.

EU Law: Text, Cases, and Materials

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Author: Paul Craig,Gráinne de Búrca

Publisher: Oxford University Press

ISBN: 0199576998

Category: Law

Page: 1155

View: 1729

The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.

Human Rights Law in Europe

The Influence, Overlaps and Contradictions of the EU and the ECHR

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Author: Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara

Publisher: Routledge

ISBN: 1135971935

Category: Law

Page: 248

View: 3550

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 Foundations of EU Data Protection Law

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Author: Orla Lynskey

Publisher: Oxford University Press

ISBN: 0198718233

Category: Data protection

Page: 264

View: 5936

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.

Accountability and Legitimacy in the European Union

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Author: Anthony Arnull,Daniel Wincott

Publisher: Oxford University Press on Demand

ISBN: 9780199257102

Category: Law

Page: 537

View: 3250

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate willstart to crystallise in 2004, when negotiations on a new set of Treaty changes will begin. The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists

Die Europäische Verfassung verstehen

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Author: Werner Weidenfeld

Publisher: Verlag Bertelsmann Stiftung

ISBN: 3867931801

Category: Political Science

Page: 114

View: 3054

Die Europäische Verfassung soll die Europäische Union bürgernäher, demokratischer und handlungsfähiger machen. Denn mit den bisherigen Verträgen ist die immer größer werdende EU nicht mehr regierbar. Doch das von der Politik als "historisch" gefeierte Dokument ist zu kompliziert ausgefallen - und für den Laien kaum verständlich. Nicht zuletzt deshalb wurde die Verfassung in Frankreich und den Niederlanden von den Bürgern abgelehnt. Die Europäische Verfassung ist der Ausgangspunkt und die Grundlage für die wiederbelebte Europadebatte. Dieses Buch hilft, die Verfassung und die gesamte EU leichter zu begreifen. In verständlicher Form geschrieben, vermittelt es dem Leser Schritt für Schritt die komplexe Materie. Anhand zahlreicher anschaulicher Illustrationen wird erklärt, wie die Verfassung entstanden und aufgebaut ist, was sich durch sie verändert und wie künftig in der EU Entscheidungen zustande kommen sollen. Denn wer über Europas Zukunft mitentscheiden will, muss die Fundamente der Europäischen Union kennen und "die Europäische Verfassung verstehen".

Conflicts of Rights in the European Union

A Theory of Supranational Adjudication

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Author: Aida Torres Perez

Publisher: Oxford University Press, USA

ISBN: 0199568715

Category: Law

Page: 208

View: 3743

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

Human Rights in the Council of Europe and the European Union

Achievements, Trends and Challenges

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Author: Steven Greer,Janneke Gerards,Rose Slowe

Publisher: Cambridge University Press

ISBN: 1107025508

Category: Law

Page: 552

View: 1992

Critically examines the human rights activities of the Council of Europe and EU at a time of uncertainty and change.

EU Consumer Law and Human Rights

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Author: Iris Benohr

Publisher: Oxford University Press

ISBN: 0199651973

Category: Law

Page: 239

View: 6796

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.