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Fundamental Rights In Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0198702043
Size: 36.68 MB
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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.

Eu Counter Terrorist Policies And Fundamental Rights

Author: Christina Eckes
Publisher: Oxford University Press
ISBN: 019957376X
Size: 62.94 MB
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This book examines the complex legal issues arising from the European Union's practice of listing and sanctioning private individuals for having supported terrorism. These 'individual sanctions' (asset freezes and travel bans) are adopted pursuant to the same composite procedure that is used for sanctions against states. This raises problems with regard to the protection of procedural rights and the competence division within the EU. Moreover, some of thesemeasures directly give effect to United Nations lists of terrorist suspects. This makes it necessary to determine the status and binding force of obligations under the UN Charter within the European legal order. The core of this book is a comprehensive analysis of the growing body of case-law ofthe European Courts concerning individual sanctions. The analysis focuses on three main issues: fundamental rights protection in the fight against the financing of terrorism, the relationship between the European legal order and the UN Charter...

The European Fundamental Freedoms

Author: Pedro Caro de Sousa
Publisher: OUP Oxford
ISBN: 0191043532
Size: 31.11 MB
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Contextual approaches take into account not only the internal legal perspective reflected in the official discourse supporting legal decisions, but also an external dimension related to the institutional environment in which the law is applied. This external dimension - which can be understood by reference to studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, specifically EU law, than de-contextualized approaches. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as an interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.

Eu Equality Law

Author: ELISE. MUIR
Publisher:
ISBN: 0198814666
Size: 27.70 MB
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The focus of this monograph is on the evolution of EU policies designed to realize specific fundamental rights, and how this is delivered in EU equality law.

National Identity In Eu Law

Author: Elke Cloots
Publisher: Oxford University Press, USA
ISBN: 0198733763
Size: 53.73 MB
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With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.

The Oxford Handbook Of European Union Law

Author: Anthony Arnull
Publisher: Oxford University Press, USA
ISBN: 0199672644
Size: 73.77 MB
Format: PDF
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appearsto be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?The Oxford Handbook of EU Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and thecitizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in theforeseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Social Rights In Europe

Author: Gráinne De Búrca
Publisher: Oxford University Press on Demand
ISBN: 9780199286171
Size: 79.27 MB
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"This volume of essays originates in a conference organized by the Academy of European Law at the European University Institute in Florence"--Preface.

The Foundations Of Eu Data Protection Law

Author: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0198718233
Size: 51.59 MB
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Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.

The Protection Of Fundamental Rights In The Eu After Lisbon

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 178225059X
Size: 71.25 MB
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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.

The Coherence Of Eu Law

Author: Sacha Prechal
Publisher: Oxford University Press, USA
ISBN: 0199232466
Size: 80.98 MB
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This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and domestic application of EU law? The volume addresses these central questions from a range of theoretical and practical perspectives.