Normativity Fundamental Rights And Legal Order In The Eu
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Normativity Fundamental Rights And Legal Order In The Eu
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Author : Lucica Matei
language : en
Publisher: Matei Lucica
Release Date : 2010
Normativity Fundamental Rights And Legal Order In The Eu written by Lucica Matei and has been published by Matei Lucica this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Human rights categories.
The Normativity Of The European Union
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Author : E. Eriksen
language : en
Publisher: Springer
Release Date : 2015-12-05
The Normativity Of The European Union written by E. Eriksen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-05 with Political Science categories.
The Normativity of the European Union provides an account of what has made European integration possible. Reconstructing the integration process up to the Eurozone crisis, Eriksen provides novel insight into the conditions for integration and the nature of the EU as well as highlighting why European solidarity has become a moral duty.
The Quest For Rights
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Author : Massimo La Torre
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
The Quest For Rights written by Massimo La Torre 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 2019 with Political Science categories.
This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?
Reinforcing Rule Of Law Oversight In The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-13
Reinforcing Rule Of Law Oversight In The European Union written by Carlos Closa 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 2016-10-13 with Law categories.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Social Rights And Market Freedom In The European Constitution
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Author : Stefano Giubboni
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-12
Social Rights And Market Freedom In The European Constitution written by Stefano Giubboni 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 2006-01-12 with Law categories.
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.
The Nature Of International Law
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Author : Miodrag A. Jovanović
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25
The Nature Of International Law written by Miodrag A. Jovanović 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 2019-04-25 with Law categories.
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Normative Patterns And Legal Developments In The Social Dimension Of The Eu
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Author : Ann Numhauser-Henning
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-28
Normative Patterns And Legal Developments In The Social Dimension Of The Eu written by Ann Numhauser-Henning and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-28 with Law categories.
This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.
The Competence Of The European Union In Copyright Lawmaking
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Author : Ana Ramalho
language : en
Publisher: Springer
Release Date : 2016-03-08
The Competence Of The European Union In Copyright Lawmaking written by Ana Ramalho and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-08 with Law categories.
This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.
The Accession Of The European Union To The European Convention On Human Rights
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Author : Paul Gragl
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-20
The Accession Of The European Union To The European Convention On Human Rights written by Paul Gragl and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-20 with Law categories.
After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.
Fundamental Rights And The Eu Internal Market
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Author : Nik de Boer
language : en
Publisher:
Release Date : 2013
Fundamental Rights And The Eu Internal Market written by Nik de Boer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This article assesses whether the EU Treaty freedoms - the free movement of goods, persons, services and capital - should be considered as fundamental rights which are hierarchically equal to other fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it is argued that we should recognise two main types of fundamental rights, namely basic rights and liberties associated with Rawls' first principle of justice and the rights associated with the principle of fair equality of opportunity. This is followed by an analysis of the interpretation that the European Court of Justice (CJEU) gives to the Treaty freedoms. On the basis of the normative framework, it is argued that the Treaty freedoms can be seen as fundamental rights insofar as they embody the value of equality of opportunity. Nonetheless, the CJEU increasingly seems to rely on a broader market access approach rather than an equal treatment approach in interpreting the Treaty freedoms. It is argued that where equal treatment is not at stake, the Treaty freedoms should not be seen as fundamental rights. Therefore, in cases where there is a conflict between a fundamental right and a Treaty freedom the CJEU should carefully distinguish between these two different interpretations of the Treaty freedoms. In cases where it is merely market access that is at stake, the CJEU should regard the protection of fundamental rights as more important, and be very careful in allowing a restriction of fundamental rights in order to protect the exercise of the Treaty freedom. On the other hand, in cases where the Treaty freedoms can be seen as protecting equality of opportunity and where they conflict with other fundamental rights, the Court is justified in construing the conflict as a right-right conflict in which a fair balance has to be sought.