Search results for: fundamental-rights-challenges

Fundamental Rights Challenges

Author : Cristina Izquierdo-Sans
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Fundamental Rights

Author : European Union. European Union Agency for Fundamental Rights
File Size : 59.91 MB
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Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Author : Sergio Carrera
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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.

Protection of Fundamental Rights in Europe

Author : Sonia Morano-Foadi
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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.

Human rights challenges in the digital age

Author : Council of Europe
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The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.

Fundamental Rights Challenges and Achievements in 2014

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The Rule of Law in Europe

Author : María Elósegui
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This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term lliberal democracies is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.

Fundamental Rights

Author : European Union. European Union Agency for Fundamental Rights
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EU Solidarity and Frontex

Author : European Union Agency for Fundamental Rights (FRA)
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The majority of irregular arrivals by sea to the European Union (EU) occur in the Mediterranean. Although the phenomenon is not widespread throughout the EU, it affects the EU as a whole. This publication reviews the solidarity measures the EU has established to support those countries most affected by irregular arrivals by sea. It will focus on the fundamental rights challenges raised by such measures but will not discuss whether these measures are suffi cient and adequate for genuinely sharing the costs associated with the arrivals. This publication will also touch upon EU funding instruments and intra-EU relocation from Malta and more thoroughly describe the operational cooperation with Frontex -- EU Bookshop.

Taehan iryo in sa poj n

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Fundamental Rights in Europe

Author : Federico Fabbrini
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This PhD thesis deals with the protection of fundamental rights in Europe. Today, in Europe, fundamental rights are simultaneously protected at the levels of the states, of the European Union and of the European Convention on Human Rights. The purpose of this thesis is to analyze the implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. To achieve this task, the thesis develops a "neo-federalist" narrative based on an empirical and conceptual comparison with the federal arrangement for the protection of rights of the United States of America. Rejecting both a "sovereigntist" and "sui generis" approach to the study of fundamental rights in Europe, the thesis argues that only a comparative approach can shed light on the comprehensive set of dynamics which are at play in the European multilevel architecture. The thesis identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness and a challenge of inconsistency. It explains that these challenges arise when transnational law operates either as a floor or as a ceiling of protection for a specific human right. In addition, the thesis maps the most important transformations taking place in the European system and assesses their impact on these challenges. To provide empirical evidence for its arguments, the thesis then considers four case studies. First, the right to due process for suspected terrorists. Second, the right to vote for non-citizens. Third, the right to strike. Fourth, the right to abortion. Since these case studies cover all the four "generations" of rights traditionally identified in constitutional scholarship (civil, political, social and "new generation" rights), the thesis aims to offer a complete analytical framework which can also be useful for future research on the protection of other fundamental rights in Europe.

Fundamental Rights Challenges

Author : Cristina Izquierdo-Sans
File Size : 37.45 MB
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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.

Migrants in an Irregular Situation Employed in Domestic Work

Author : European Union. Agency for Fundamental Rights
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Chilling accounts of the abuse of domestic workers' fundamental rights have surfaced recently in Europe. To help those charged with protecting these rights, the European Union Agency for Fundamental Rights (FRA) prepared this research, the first to analyse on the ground the situation of migrant domestic workers who are present in the European Union (EU) in an irregular situation. Through interviews with migrants and representatives of organisations who may come to their aid, the report explores the heightened risks of abuse and exploitation faced by these workers, overwhelmingly female, whose fears of detection and deportation hinder their ability to access rights from healthcare to claiming unpaid wages. The report takes an in-depth look at the situation in 10 EU Member States, finding that employers largely determine and often limit migrants' ability to access their rights. Awareness-raising - among the migrants themselves, employers and wider society - of those rights is crucial to efforts to safeguard them.

Protecting Human Rights in the EU

Author : Tanel Kerikmäe
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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.

Protecting Fundamental Rights Within the European Union

Author : Europäische Rechtsakademie Trier
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The Protection of Fundamental Rights in the EU After Lisbon

Author : Sybe de Vries
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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.

Citizenship Migration and Fundamental Rights

Author : Sonia Morano-Foadi
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Justice Liberty Security

Author : Bernd Martenczuk
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The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.

Challenges to Civil Rights Guarantees in India

Author : A.G. Noorani
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The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.

New Technologies and Human Rights

Author : Norberto Nuno Gomes de Andrade
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Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.