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.
Автор: Dawson Mark Название: Governance of EU Fundamental Rights ISBN: 1107682509 ISBN-13(EAN): 9781107682504 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comprehensive overview of how human rights are protected in the EU. As well as tracking the performance of different EU institutions in relation to rights, it examines two important policy fields in greater depth: social rights and rule of law protection.
Автор: Dawson Название: The Governance of EU Fundamental Rights ISBN: 110707049X ISBN-13(EAN): 9781107070493 Издательство: Cambridge Academ Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comprehensive overview of how human rights are protected in the EU. As well as tracking the performance of different EU institutions in relation to rights, it examines two important policy fields in greater depth: social rights and rule of law protection.
Автор: Sonia Morano-Foadi, Lucy Vickers Название: Fundamental Rights in the EU: A Matter for Two Courts ISBN: 1509915478 ISBN-13(EAN): 9781509915477 Издательство: Bloomsbury Academic Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Now available in paperback This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe. It reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), questioning 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. This volume will be essential reading for practitioners, judges, European policy makers, and members of the scholarly community working in this area of law. (Series: Modern Studies in European Law, Vol. 53) Subject: European Law, Constitutional Law, Human Rights]
Описание: How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
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.
Автор: Oster Название: Media Freedom as a Fundamental Right ISBN: 1107098955 ISBN-13(EAN): 9781107098954 Издательство: Cambridge Academ Рейтинг: Цена: 17582.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The professional media enjoys greater protection than private individuals when preparing or publishing speech. The best-known example is the right of journalists to keep their sources confidential. Jan Oster explores whether these privileges are still justified, and how `journalists` are actually to be defined in the internet age.
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: Frantziou, Eleni (assistant Professor In Public Law And Human Rights, Durham Law School, University Of Durham) Название: Horizontal effect of fundamental rights in the european union ISBN: 0198837151 ISBN-13(EAN): 9780198837152 Издательство: Oxford Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Поставка под заказ.
Описание: This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective.
Автор: Edited by Sara Iglesias , Maribel Gonz?lez Pascual Название: Fundamental Rights in the EU Area of Freedom, Security and Justice ISBN: 1108488137 ISBN-13(EAN): 9781108488136 Издательство: Cambridge Academ Рейтинг: Цена: 25978.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.
Автор: Olivier De Schutter Название: International Human Rights Law: Cases, Materials, Commentary ISBN: 1108463568 ISBN-13(EAN): 9781108463560 Издательство: Cambridge Academ Рейтинг: Цена: 8237.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This leading textbook on international human rights law has been significantly updated for this new edition, introducing sections on trade and investment treaties, business and climate change. New features include more than forty new cases, figures making it easier to visualize monitoring procedures, and updated and revised `questions for discussion`.
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