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Research Handbook On The Law Of The Eu S Internal Market

Author: Panos Koutrakos
Publisher: Edward Elgar Publishing
ISBN: 1783478101
Size: 10.22 MB
Format: PDF, ePub
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While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.

European Fundamental Rights And Freedoms

Author: Dirk Ehlers
Publisher: Walter de Gruyter
ISBN: 3110971968
Size: 14.80 MB
Format: PDF
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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.

The Reach Of Free Movement

Author: Mads Andenas
Publisher: Springer
ISBN: 9462651957
Size: 52.14 MB
Format: PDF, Mobi
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The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

Research Handbook On Eu Law And Human Rights

Author: Sionaidh Douglas-Scott
Publisher: Edward Elgar Publishing
ISBN: 1782546405
Size: 37.11 MB
Format: PDF, ePub, Mobi
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The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

The Eu Charter Of Fundamental Rights

Author: Giacomo Di Federico
Publisher: Springer Science & Business Media
ISBN: 9789400701564
Size: 44.25 MB
Format: PDF, Kindle
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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.

The European Union Charter Of Fundamental Rights

Author: Steve Peers
Publisher: Hart Publishing
ISBN: 184113449X
Size: 76.56 MB
Format: PDF, ePub, Mobi
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This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavor of how the Charter might seep in to the process of substantive law- making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.

The Eu Charter Of Fundamental Rights As A Binding Instrument

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 1782258248
Size: 15.88 MB
Format: PDF, ePub
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The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

Fundamental Rights In Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0198702043
Size: 65.40 MB
Format: PDF, ePub, Docs
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The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.