Monitoring Fundamental Rights In The Eu

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Monitoring Fundamental Rights In The Eu

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Author : Philip Alston
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-01-26

Monitoring Fundamental Rights In The Eu written by Philip Alston and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-26 with Law categories.

Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.

Monitoring Fundamental Rights In The Eu

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Author : Philip Alston
language : en
Publisher:
Release Date : 2005

Monitoring Fundamental Rights In The Eu written by Philip Alston and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Human rights monitoring categories.

Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a.

Research Handbook On Eu Administrative Law

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Author : Carol Harlow
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24

Research Handbook On Eu Administrative Law written by Carol Harlow and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.

Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

International Human Rights Monitoring Mechanisms

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Author : Brice Dickson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-08

International Human Rights Monitoring Mechanisms written by Brice Dickson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-08 with Law categories.

Brice Dickson examines the engagement of the United Kingdom with international human rights monitoring mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK.

The Eu Charter Of Fundamental Rights

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Author : Steve Peers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

The Eu Charter Of Fundamental Rights written by Steve Peers 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.

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

Monitoring Border Violence In The Eu

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Author : Elspeth Guild
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-11

Monitoring Border Violence In The Eu written by Elspeth Guild and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-11 with Political Science categories.

This book examines EU external border violence and the role of Frontex, and how it can be made legally and politically accountable for these incidents. The volume sets out what the international standards are for monitoring border violence and how monitors’ independence must be guaranteed and where these standards come from. The book provides realistic options to resolve the crisis by focusing on how effective and independent border monitoring can ensure better human rights compliance at EU external borders. At the centre of the book is the question: how can we achieve effective monitoring of border police, including Frontex, by competent and independent state authorities which have as a mission human rights implementation? The goal of the book is to examine how states can prevent and investigate allegations of such violence and diminish the apparent impunity of those border police who engage in it. This book will be of interest to students of EU policy, law, migration and refugee studies and International Relations.

Human Rights In The Council Of Europe And The European Union

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Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29

Human Rights In The Council Of Europe And The European Union written by Steven Greer 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 2018-03-29 with Law categories.

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

The New Economic Governance Of The Eurozone

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Author : Paul Dermine
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-28

The New Economic Governance Of The Eurozone written by Paul Dermine 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 2022-07-28 with Law categories.

The Eurozone and the European Union have recently been confronted with a number of existential threats. The sovereign debt crisis and the COVID-19 pandemic have forced European decisionmakers to pass important reforms which have radically transformed the nature and scope of the Union's powers in the field of economic and fiscal policy. As the new economic governance of the Eurozone emerges as the main driver of integration in today's Europe, this book seeks to assess the solidity of the constitutional foundations supporting that system, and its compliance with the Union's core founding value: the rule of law. Using competence allocation, regulatory quality, access to external review and fundamental rights sustainability as analytical benchmarks, this book argues that the recent metamorphosis of Eurozone economic governance has not been accompanied by a parallel strengthening of its constitutional settlement, leading to a problematic misalignment between the Union's action and its governing principles.

Effective Enforcement Of Eu Labour Law

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Author : Zane Rasnaca
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-11

Effective Enforcement Of Eu Labour Law written by Zane Rasnaca and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Textbook On International Human Rights

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Author : Rhona K. M. Smith
language : en
Publisher: Oxford University Press
Release Date : 2016

Textbook On International Human Rights written by Rhona K. M. Smith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.

Global in coverage, 'Textbook on International Human Rights' provides a wide-ranging introduction for law students new to the study of the subject. It considers historical factors, the work of the UN, regional systems, and a variety of substantive rights.