Fundamental Rights in the EU: A Matter for Two Courts, Sonia Morano-Foadi, Lucy Vickers
Автор: Sonia Morano-Foadi, Lucy Vickers Название: Fundamental Rights in the EU: A Matter for Two Courts ISBN: 1849467072 ISBN-13(EAN): 9781849467070 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Bilchitz, David Название: Poverty and Fundamental Rights ISBN: 0199552169 ISBN-13(EAN): 9780199552160 Издательство: Oxford Academ Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses the pressing issue of severe poverty and inequality, and asks why violations of socio-economic rights are treated with less urgency than civil and political rights? It provides a sustained argument for placing renewed focus on socio-economic rights as a method of ensuring that governments address extreme poverty.
Автор: Giacomo Di Federico Название: The EU Charter of Fundamental Rights ISBN: 9400734557 ISBN-13(EAN): 9789400734555 Издательство: Springer Рейтинг: Цена: 25853.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book reviews the multi-level system of protection of fundamental rights currently operating in Europe, discusses its constitutional implications, and assesses the impact of a binding Charter on specific areas of EU Law.
Описание: This two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each country, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.
Описание: The book gives insightinto the structures and developments of the fundamental rights protection inEurope which is effective at the levels of the national Constitutions, theEuropean Convention of Human Rights and, for the EU member States of the EUFundamental Rights Charter. The contributions of renowned academics fromvarious European countries demonstrate the functional interconnection of theseprotection systems which result in an increasing convergence. Basic questionsare reflected, such as human dignity as foundation of fundamental rights orpositive action as a specific form of equality as well as the concept of rightsconvergence. In this latter contribution the forms of direct reception of adifferent legal order and of the functional transfer of principles and conceptsare analyzed. Particular reference is made to the EU Charter, the UnitedKingdom Human Rights Act as well as to France and Germany. It becomes obvioushow important interpretation is for the harmonization of national andconventional fundamental rights protection. Traditional institutionalapproaches like the dualist transformation concept in Germany are functionallyset aside in the harmonization process through constitutional interpretation. Specificstudies are dedicated to the field of the EU Fundamental Rights Charter and to theEuropean impacts on the national fundamental rights protection in selectedcountries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Описание: This bookprovides an unparalleled comparative analysis of two 'hot topics' inthe field of antitrust and unfair competition laws with regard to a number ofkey countries.The first partof the book examines the consistency and compatibility of transactionalresolutions of antitrust proceedings (such as settlement procedures, leniencyprogrammes and commitments) with due process and the fundamental rights of theparties. This is a particularly important topic, given the widespread adoptionof these procedures by anti-trust authorities worldwide. The individual chaptersconsider how the leniency, settlement and commitments procedures have developedacross a range of jurisdictions, and discuss the extent to which checks andbalances have been applied in those national procedures in order to safeguardthe fundamental rights of the parties involved. A detailed international reportidentifies general trends and highlights the differences between and most interestingfeatures of national regulations.The second partof the book gathers contributions from various jurisdictions on the unfaircompetition-related question of the online exhaustion of IP rights. As commerceis increasingly moving online, the respective chapters consider the extent towhich exhaustion and similar concepts have adapted to these rapid changes. Thecomprehensive and insightful international report brings together thesereflections by comparing various national positions.The book alsoincludes the resolutions passed by the General Assembly of the LIDC following adebate on each of these topics, which include proposed solutions andrecommendations. The internationalLeague of Competition Law (LIDC) is a long-standing international associationthat focuses on the interface between competition law and intellectual propertylaw, including unfair competition issues.
Описание: The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.
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