Morally Sensitive Issues And Cross Border Movement In The Eu
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Morally Sensitive Issues And Cross Border Movement In The Eu
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Author : Nelleke Koffeman
language : en
Publisher:
Release Date : 2015
Morally Sensitive Issues And Cross Border Movement In The Eu written by Nelleke Koffeman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Domestic relations categories.
Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another's regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.This volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to or are obliged under European law to accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.
The European Union As Protector And Promoter Of Equality
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Author : Thomas Giegerich
language : en
Publisher: Springer Nature
Release Date : 2020-07-06
The European Union As Protector And Promoter Of Equality written by Thomas Giegerich and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-06 with Law categories.
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
General Principles Of The European Convention On Human Rights
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Author : Janneke Gerards
language : en
Publisher: Cambridge University Press
Release Date : 2023-06-30
General Principles Of The European Convention On Human Rights written by Janneke Gerards 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 2023-06-30 with Law categories.
Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
The Law Of The European Union And The European Communities
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Author : Pieter Jan Kuijper
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-09-28
The Law Of The European Union And The European Communities written by Pieter Jan Kuijper and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
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.
The Regulation Of Assisted Reproductive Technologies In Europe
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Author : Erich Griessler
language : en
Publisher: Routledge
Release Date : 2022-05-12
The Regulation Of Assisted Reproductive Technologies In Europe written by Erich Griessler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-12 with Social Science categories.
This book explores the social, ethical and legal implications of assisted reproductive technologies (ART). Providing a comparative analysis of several European countries, the authors evaluate the varied approaches to the application of ART throughout Europe. From a global perspective, countries take very different approaches to the regulation of ART. Countries apply restrictions to the access criteria for these treatments and/or direct restrictions to the practice of the techniques themselves. To understand these varied approaches to ART practice and regulation, it is necessary to understand the societal and political background from which they emerged. This book therefore consists of case studies from eight European countries which provide insights into the status and development of the regulation of ART in the last 40 years. The country cases from all over Europe and the three comparative chapters provide insights into the diversity of current ART regulation across the continent as well as into similarities, differences and trends in this regulatory area. This book will be of interest to practitioners of ART who are interested in understanding the differences in regulation of ART in Europe, as well as long-term trends in this respect. Given the ethical and legal implications the book explores, it will also be of interest to students or researchers in the fields of social sciences, humanities and law.
La Famille Dans L Ordre Juridique De L Union Europ Enne Family Within The Legal Order Of The European Union
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Author : Elsa Bernard
language : en
Publisher: Bruylant
Release Date : 2020-12-31
La Famille Dans L Ordre Juridique De L Union Europ Enne Family Within The Legal Order Of The European Union written by Elsa Bernard and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-31 with Law categories.
Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.
Same Sex Couples Before National Supranational And International Jurisdictions
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Author : Daniele Gallo
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-02
Same Sex Couples Before National Supranational And International Jurisdictions written by Daniele Gallo and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-02 with Law categories.
The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Research Handbook On Surrogacy And The Law
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Author : Katarina Trimmings
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Research Handbook On Surrogacy And The Law written by Katarina Trimmings 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 2024-03-14 with Law categories.
This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. It covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives.
Fundamental Rights
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Author : Janneke Gerards
language : en
Publisher: Cambridge University Press
Release Date : 2023-02-23
Fundamental Rights written by Janneke Gerards 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 2023-02-23 with Political Science categories.
In Europe, fundamental rights have come to be regulated by an increasing number of legal instruments, such as the European Convention on Human Rights (ECHR), the EU Charter of Fundamental Rights, and international treaties. It is not always easy to understand what requirements are set in these different instruments and how they interrelate. This textbook therefore provides an integrated and systematic overview of the requirements imposed by international and European fundamental rights law. It discusses a range of both civil/political fundamental rights (eg freedom of expression) and social/economic rights (eg right to health), for each of which it is discussed how it is protected by the ECHR, by other Council of Europe instruments, by EU law, and by international treaty instruments. Each chapter is concluded with an integration section, which explains the relations between the different systems of fundamental rights protection and discuss differences, overlap and bottlenecks.
Migration
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Author : Doris Bachmann-Medick
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-07-23
Migration written by Doris Bachmann-Medick and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-23 with Social Science categories.
Recent debates on migration have demonstrated the important role of concepts in academic and political discourse. The contributions to this collection revisit established analytical categories in the study of migration such as border regimes, orders of belonging, coloniality, translation, trans/national digital culture and memory. Exploring notions, images and realities of migration in their cultural framings, this volume sheds light on the powerful work of these concepts. Including perspectives on migration from history, visual studies, pedagogy, literary and cultural studies, cultural anthropology and sociology, it explores the complex scholarly and popular notions of migration with particular focus on their often unspoken assumptions and political implications. Revisiting established analytical tools in the study of migration, the interdisciplinary contributions explore new approaches and point to the importance of conceptual nuance extending beyond academic discourse.