Protecting Human Rights In The Eu
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Protecting Human Rights In The Eu
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Author : Tanel Kerikmäe
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-08-30
Protecting Human Rights In The Eu written by Tanel Kerikmäe 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 2013-08-30 with Law categories.
Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.
Protecting Human Rights
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Author : Franz Matscher
language : en
Publisher:
Release Date : 1990
Protecting Human Rights written by Franz Matscher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Civil rights categories.
Human Rights Law In Europe
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Author : Kanstantsin Dzehtsiarou
language : en
Publisher: Routledge
Release Date : 2014-03-21
Human Rights Law In Europe written by Kanstantsin Dzehtsiarou and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Law categories.
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
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.
The European System For The Protection Of Human Rights
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Author : Ronald MacDonald
language : en
Publisher: Springer
Release Date : 1993-08-19
The European System For The Protection Of Human Rights written by Ronald MacDonald and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-08-19 with Law categories.
30. Conciliation by Alexandre Kiss
Protecting Vulnerable Groups
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Author : Francesca Ippolito
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Protecting Vulnerable Groups written by Francesca Ippolito and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.
The European Union And Human Rights
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Author : Nanette A. Neuwahl
language : en
Publisher: BRILL
Release Date : 2021-09-27
The European Union And Human Rights written by Nanette A. Neuwahl and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
The Protection Of Fundamental Rights In The Eu After Lisbon
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Author : Sybe de Vries
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-04
The Protection Of Fundamental Rights In The Eu After Lisbon written by Sybe de Vries and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-04 with Law categories.
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 European Human Rights Culture A Paradox Of Human Rights Protection In Europe
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Author : Nina-Louisa Arold Lorenz
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-04-30
The European Human Rights Culture A Paradox Of Human Rights Protection In Europe written by Nina-Louisa Arold Lorenz and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Law categories.
The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.
Close The Gap
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2020-10-30
Close The Gap written by Council of Europe 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 2020-10-30 with Political Science categories.
Despite much progress accomplished in Europe over the past seven decades, some topics remain issues of concern in many countries, especially in the current context in which human rights principles are increasingly challenged, undermined or discounted. This compilation puts together the series of articles published by Dunja Mijatović, Council of Europe Commissioner for Human Rights over the past twenty-one months (elected in January 2018). They cover a variety of human rights topics that she has worked on, such as the right to peaceful assembly, the rights of minority groups, anti-discrimination, the fight against trafficking, environmental rights, anti-terror legislation and the protection of human rights, the independence of the judiciary, national human rights institutions and human rights in the artificial intelligence era.