Описание: This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate, which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court’s jurisprudence and allows for its correct application by Member States.
Описание: This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing as it does on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate which has yet to be systematically analyzed. Using a historical approach, the book illustrates the development of the legislation and of the case law on the issue, while considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence, and it allows for its correct application by Member States. Dissertation. (Series: Modern Studies in European Law, Vol. 73) Subject: Family Law, European Law, Public International Law]
Описание: Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
Описание: 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.
Описание: The European Convention and the Court of Human Rights were expected to help realise fundamental freedoms and civil and political rights in post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law and politics of the new member states.
Описание: The European Convention and the Court of Human Rights were expected to help realise fundamental freedoms and civil and political rights in post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law and politics of the new member states.
Описание: In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law’s specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2’s substantive and procedural dimensions underlines the right to life’s problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law’s narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society’s foundational distinction between acceptable force and unacceptable violence, and indicate democratic society’s essential attributes as a restrained, responsible and reflective system.
Описание: This title explores the human rights relationship between workers and employers. Using case law examples from the European Court of Human Rights, this work critically analyses the scope and application of domestic employment law. As a solution to the bigger issues in labour law, it proposes a Bill of Rights for Workers .
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