The Convergence Of The Fundamental Rights Protection In Europe PDF Download
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Author | : Rainer Arnold |
Publisher | : Springer |
Total Pages | : 244 |
Release | : 2016-04-05 |
Genre | : Law |
ISBN | : 940177465X |
Download The Convergence of the Fundamental Rights Protection in Europe Book in PDF, ePub and Kindle
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 |
Publisher | : Hart Publishing |
Total Pages | : 289 |
Release | : 2005-02 |
Genre | : Law |
ISBN | : 1841135348 |
Download Monitoring Fundamental Rights in the EU Book in PDF, ePub and Kindle
The first book to examine the creation and function of the EU Fundamental Rights Agency.
Author | : Sonia Morano-Foadi |
Publisher | : Springer Nature |
Total Pages | : 254 |
Release | : 2020-05-14 |
Genre | : Law |
ISBN | : 3030423670 |
Download Protection of Fundamental Rights in Europe Book in PDF, ePub and Kindle
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.
Author | : Sybe de Vries |
Publisher | : Bloomsbury Publishing |
Total Pages | : 174 |
Release | : 2013-01-04 |
Genre | : Law |
ISBN | : 178225059X |
Download The Protection of Fundamental Rights in the EU After Lisbon Book in PDF, ePub and Kindle
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 | : Paul Beaumont |
Publisher | : Hart Publishing |
Total Pages | : 289 |
Release | : 2002-06-07 |
Genre | : Law |
ISBN | : 184113211X |
Download Convergence and Divergence in European Public Law Book in PDF, ePub and Kindle
This book examines the extent to which the EU has brought about and should bring about convergence of law in Europe.
Author | : Lorenza Violini |
Publisher | : Edward Elgar Publishing |
Total Pages | : |
Release | : 2018-10-26 |
Genre | : Law |
ISBN | : 1786436051 |
Download The Fragmented Landscape of Fundamental Rights Protection in Europe Book in PDF, ePub and Kindle
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 | : Sara Iglesias Sánchez |
Publisher | : Cambridge University Press |
Total Pages | : 1070 |
Release | : 2021-07-29 |
Genre | : Law |
ISBN | : 1108862098 |
Download Fundamental Rights in the EU Area of Freedom, Security and Justice Book in PDF, ePub and Kindle
The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.
Author | : Vasiliki Kosta |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2015-11-05 |
Genre | : Law |
ISBN | : 1782258981 |
Download Fundamental Rights in EU Internal Market Legislation Book in PDF, ePub and Kindle
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 | : Giacomo Di Federico |
Publisher | : Springer Science & Business Media |
Total Pages | : 327 |
Release | : 2010-12-02 |
Genre | : Law |
ISBN | : 940070156X |
Download The EU Charter of Fundamental Rights Book in PDF, ePub and Kindle
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 | : Steve Peers |
Publisher | : Bloomsbury Publishing |
Total Pages | : 2013 |
Release | : 2021-11-18 |
Genre | : Law |
ISBN | : 1509933506 |
Download The EU Charter of Fundamental Rights Book in PDF, ePub and Kindle
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights 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. This is a much-welcomed new edition of the authoritative guide to the Charter.