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Author: Leandro Mancano
Publisher: Bloomsbury Publishing
ISBN: 1509908099
Category : Law
Languages : en
Pages : 283
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Book Description
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Author: Leandro Mancano
Publisher: Bloomsbury Publishing
ISBN: 1509908099
Category : Law
Languages : en
Pages : 283
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Book Description
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Author: Northern Ireland: Department of Health
Publisher:
ISBN: 9780339000643
Category :
Languages : en
Pages : 216
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Book Description
Dated November 2019. On cover: Mental Capacity Act (Northern Ireland) 2019
Author: Jean-François Renucci
Publisher: Council of Europe
ISBN: 9789287157157
Category : Law
Languages : en
Pages : 132
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Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
Author: European Union
Publisher:
ISBN:
Category : Extradition
Languages : en
Pages : 272
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Book Description
Author: Koen Lenaerts
Publisher: Bloomsbury Publishing
ISBN: 150993085X
Category : Law
Languages : en
Pages : 325
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Book Description
This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.
Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562
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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.
Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
ISBN: 9041154124
Category : Law
Languages : en
Pages : 1251
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Book Description
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
Author: Libor Klimek
Publisher: Springer
ISBN: 3319443771
Category : Law
Languages : en
Pages : 768
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Book Description
This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
Author: Jan Wouters
Publisher: Oxford University Press
ISBN: 0198814178
Category : Law
Languages : en
Pages : 769
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Book Description
This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.
Author: Great Britain: Department for Constitutional Affairs
Publisher: The Stationery Office
ISBN: 9780117037564
Category : Law
Languages : en
Pages : 468
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Book Description
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
