Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice
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Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice
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Author : Ermioni Xanthopoulou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-30
Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice written by Ermioni Xanthopoulou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.
Based on author's thesis (doctoral - King's College London, 2017) issued under title: Proportionality and mutual trust in the Area of Freedom, Security and Justice.
Fundamental Rights And Mutual Recognition In The Area Of Freedom Security And Justice
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Author : Ermioni Xanthopoulou
language : en
Publisher:
Release Date : 2020
Fundamental Rights And Mutual Recognition In The Area Of Freedom Security And Justice written by Ermioni Xanthopoulou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Asylum, Right of categories.
"This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis--̉vis mutual trust."--
Eu Law In Populist Times
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Author : Francesca Bignami
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
Eu Law In Populist Times written by Francesca Bignami and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with Law categories.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
The Eu Accession To The Echr
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Author : Vasiliki Kosta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Eu Accession To The Echr written by Vasiliki Kosta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Shaping A Genuine Area Of Freedom Security And Justice
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Author : Koen Lenaerts
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-10-31
Shaping A Genuine Area Of Freedom Security And Justice written by Koen Lenaerts and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-31 with Law categories.
This book provides an ambitious assessment of the increasing importance of case law in the field of the Area of Freedom, Security and Justice on the evolution of EU law. In recent years the Area of Freedom, Security and Justice (AFSJ) has occupied an increasingly prominent place in the working of the European Union and by extension the Court of Justice (CJEU). Over three parts the book looks at the framework of the AFSJ, its workings, and finally the impact of EU law upon it. The collection provides remarkable insights into the growing importance of the AFSJ and how EU law has evolved in light of this.
The European Union As An Area Of Freedom Security And Justice
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Author : Maria Fletcher
language : en
Publisher: Routledge
Release Date : 2016-11-25
The European Union As An Area Of Freedom Security And Justice written by Maria Fletcher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Defending Checks And Balances In Eu Member States
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Author :
language : en
Publisher:
Release Date : 2021
Defending Checks And Balances In Eu Member States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic books categories.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Federalism In The European Union
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Author : Elke Cloots
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-09-03
Federalism In The European Union written by Elke Cloots and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-03 with Law categories.
This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.
Constitutional Crisis In The European Constitutional Area
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Author : Armin von Bogdandy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-03-26
Constitutional Crisis In The European Constitutional Area written by Armin von Bogdandy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.
Definition And Development Of Human Rights And Popular Sovereignty In Europe
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2011-01-01
Definition And Development Of Human Rights And Popular Sovereignty In Europe written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?