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Author: Facchi, Alessandra
Publisher: Edward Elgar Publishing
ISBN: 1788117034
Category : Political Science
Languages : en
Pages : 160
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Book Description
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: Facchi, Alessandra
Publisher: Edward Elgar Publishing
ISBN: 1788117034
Category : Political Science
Languages : en
Pages : 160
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Book Description
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: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0198702043
Category : Law
Languages : en
Pages : 340
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Book Description
This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Author: Markku Suksi
Publisher:
ISBN: 9781780683607
Category : Civil rights
Languages : en
Pages : 0
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Book Description
With the spotlight on Magna Carta and the French Declaration of the Rights of Man and Citizen the existence of similar fundamental rights documents in other European countries is often overlooked. Such fundamental rights documents did, however, exist in the precursors to the current European Union Member States.
Author: Philip Alston
Publisher: Bloomsbury Publishing
ISBN: 1847310052
Category : Law
Languages : en
Pages : 288
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Book Description
Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.
Author: Steve Peers
Publisher: Bloomsbury Publishing
ISBN: 1849467471
Category : Law
Languages : en
Pages : 1938
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Book Description
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: Dirk Ehlers
Publisher: Walter de Gruyter
ISBN: 3110971968
Category : Law
Languages : en
Pages : 645
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Book Description
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.
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Rainer Arnold
Publisher: Springer
ISBN: 940177465X
Category : Law
Languages : en
Pages : 235
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Book Description
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: Lorenza Violini
Publisher: Edward Elgar Publishing
ISBN: 1786436051
Category : Law
Languages : en
Pages :
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Book Description
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: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402
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Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
