The Architecture Of Fundamental Rights In The European Union
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The Architecture Of Fundamental Rights In The European Union
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Author : Šejla Imamovic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10
The Architecture Of Fundamental Rights In The European Union written by Šejla Imamovic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.
This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
The Charter Of Fundamental Rights Of The European Union And The Employment Relation
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Author : Filip Dorssemont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-04
The Charter Of Fundamental Rights Of The European Union And The Employment Relation written by Filip Dorssemont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
Business Freedoms And Fundamental Rights In European Union Law
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Author : Niall O'Connor
language : en
Publisher: Oxford University Press
Release Date : 2024-10-31
Business Freedoms And Fundamental Rights In European Union Law written by Niall O'Connor 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 2024-10-31 with Law categories.
Article 16 of the EU Charter of Fundamental Rights, recognizing 'the freedom to conduct a business in accordance with Union law and national laws and practices', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only properly be understood in relation to its wider constitutional and social rights functions, it uses the employment law context as a case study, given the tensions that exist between the (economic) rights of employers and the (social) rights of employees. Examined holistically, the book demonstrates that granting fundamental rights status to business freedoms is not inherently deregulatory, with such freedoms also encapsulating 'social' rights, values, and interests. The freedom to conduct a business, therefore, emerges as a malleable fundamental rights concept, dependent on the underlying constitutional context, whether that be within national constitutional law, the EU Charter of Fundamental Rights, general principles of EU law, or in the arrangements governing the United Kingdom's departure from the EU. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Fundamental Rights In The Eu
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Author : Sonia Morano-Foadi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Fundamental Rights In The Eu written by Sonia Morano-Foadi 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.
This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.
European Union Law
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Author : Damian Chalmers
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-28
European Union Law written by Damian Chalmers 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 2024-03-28 with Law categories.
The most current, contextual and authoritative EU law text written for both EU and non-EU markets and promoting critical reflection.
European Union Law
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Author : Catherine Barnard
language : en
Publisher: Oxford University Press
Release Date : 2017
European Union Law written by Catherine Barnard 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 2017 with Law categories.
Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
The European Union And Human Rights
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Author : Jan Wouters
language : en
Publisher:
Release Date : 2020
The European Union And Human Rights written by Jan Wouters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This is volume on the EU and human rights, is based primarily on the findings of the FP7 FRAME project. Carried out by a consortium of universities and research centres, FRAME intended to provide an interdisicplinary knowledge base on EU human rights policies and their impact, producing atleast 50 reports for the Commission.
The European Union And The Evolving Architectures Of International Economic Agreements
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Author : Ottavio Quirico
language : en
Publisher: Springer Nature
Release Date : 2023-07-25
The European Union And The Evolving Architectures Of International Economic Agreements written by Ottavio Quirico and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-25 with Business & Economics categories.
The European Union (‘EU’) is promoting a suite of innovations in international economic regulation—among them, reforms for secure and sustainable investment, a comprehensive approach to the mutual recognition of professional qualifications, a viable carbon border adjustment mechanism, heightened intellectual property rights protection, the arm’s length principle in taxation, and an increased commitment to non-economic vales. Through a critical analysis of key regulations and policies, this volume explores the evolving architectures of international economic agreements in light of EU practice. A comprehensive analysis indicates that novelties are rooted in geoeconomic considerations, through which a fundamental shift is underway towards the adoption of comprehensive bilateral trade agreements. Whilst innovation has the potential to significantly harmonise cross-border regulatory frameworks, it can also trigger significant fractures, particularly when applied restrictively and asymmetrically. Arguably, the ‘Brussels effect’ will to a certain extent foster a progressive development of international economic regulation, while in some respects being constrained by the status quo of the international economic regime. This volume is part of the Jean Monnet project Third Country Engagement with EU Trade Policy led by the ANU Centre for European Studies at the Australian National University, and supported by the European Commission under the Erasmus+ actions. The project seeks to explore and improve understanding of the EU’s evolving trade policy and its implications for third countries, including Australia and countries in the Asia-Pacific region.
The Economic And Social Law Of The European Union
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Author : Josephine Shaw
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-16
The Economic And Social Law Of The European Union written by Josephine Shaw and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-16 with Law categories.
This title provides students with a clear, accessible and highly engaging analysis of substantive law of the EU in the most comprehensive text of its kind, as well as containing chapter summaries, questions, suggestions for further reading and annotated web addresses.
The Human Face Of The European Union
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Author : Nuno Ferreira
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-18
The Human Face Of The European Union written by Nuno Ferreira 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 2016-08-18 with Law categories.
This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.