Procedural Review in European Fundamental Rights Cases PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Procedural Review in European Fundamental Rights Cases PDF full book. Access full book title Procedural Review in European Fundamental Rights Cases by Janneke Gerards. Download full books in PDF and EPUB format.
Author: Janneke Gerards
Publisher: Cambridge University Press
ISBN: 1107183774
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Author: Janneke Gerards
Publisher: Cambridge University Press
ISBN: 1107183774
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Author: Janneke Gerards
Publisher:
ISBN: 9781316880692
Category :
Languages : en
Pages : 298
Get Book Here
Book Description
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1107729696
Category : Political Science
Languages : en
Pages : 379
Get Book Here
Book Description
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Author: Allison Östlund
Publisher: Nomos Verlag
ISBN: 3748901143
Category : Law
Languages : en
Pages : 326
Get Book Here
Book Description
Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.
Author: Leonie M. Huijbers
Publisher:
ISBN: 9781780688879
Category : Human rights
Languages : en
Pages : 0
Get Book Here
Book Description
Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Author: Cristina Teleki
Publisher: BRILL
ISBN: 9004447490
Category : Business & Economics
Languages : en
Pages : 392
Get Book Here
Book Description
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author: Angelika Nussberger
Publisher: Oxford University Press
ISBN: 0192589504
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.
Author: Dirk Ehlers
Publisher: Walter de Gruyter
ISBN: 3110971968
Category : Law
Languages : en
Pages : 645
Get Book Here
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: Christina Eckes
Publisher: Oxford University Press
ISBN: 019957376X
Category : Law
Languages : en
Pages : 514
Get Book Here
Book Description
Of individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562
Get Book Here
Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
