The Convergence of the Fundamental Rights Protection in Europe, Arnold Rainer
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.
Описание: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.
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 book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law.
The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue.
This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation.
With a Foreword by Robert Spano, President of the European Court of Human Rights.
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.
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.
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]
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