Social Media, Fundamental Rights and Courts, Psychogiopoulou, Evangeli
Автор: Pollicino, Oreste, Название: Judicial protection of fundamental rights on the internet : ISBN: 1509947221 ISBN-13(EAN): 9781509947225 Издательство: Bloomsbury Academic Рейтинг: Цена: 6968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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.
Описание: This volume fills a major gap in the literature on fundamental rights: the existing European works are confined almost exclusively to EU competition law, and there is a dearth of secondary sources on the fundamental rights of companies under EU law and the European Convention on Human Rights more generally, despite the rich and relentless flow of rulings from both the Luxembourg and the Strasbourg courts. This book covers all the principal substantive rights such as property, privacy and freedom of speech, as well as various procedural rights (eg the right to a fair trial, double jeopardy and the privilege against self-incrimination). Not only does this volume provide comprehensive coverage of this increasingly important case law, but it also examines the relevant US authorities in great depth, and the comparison with European law often leads to surprising results. International law is also covered at length, while English law serves as the main point of reference on numerous issues. Despite the wealth of detail, the book’s coverage of this broad and varied subject is sufficiently succinct to enable the reader to gain an overall view. It not merely describes the law as it stands, but also proposes an overall approach. This work is aimed at practitioners and academics alike.
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.
Автор: Bilchitz David Название: Fundamental Rights and the Legal Obligations of Business ISBN: 1108841945 ISBN-13(EAN): 9781108841948 Издательство: Cambridge University Press Рейтинг: Цена: 30485.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book investigates how to determine the substantive content of the legal obligations of corporations both to avoid harming fundamental rights and to contribute towards realising them. In doing so it outlines a multi-factoral approach for determining such obligations and proposes legal and institutional reforms nationally and internationally.
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.
Описание: This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-a-vis mutual trust.
Автор: Sejla Imamovic Название: The Architecture of Fundamental Rights in the European Union ISBN: 1509940588 ISBN-13(EAN): 9781509940585 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Part I - Due Process in Antitrust Transactional Mechanisms: Pranvera Kлllezi, International Report.- Barbora Jedličkovб, Julie Clarke and Sitesh Bhojani, Australia.- Gerhard Fussenegger, Austria.- Jenna Auwerx, Belgium.- Josй Carlos da Matta Berardo, Bruno B. Becker, Brazil.- Jiřн Kindl and Michal Petr, Czech Republic.- David Bosco, France.- Eckart Bueren, Germany.- Anikу Keller, Hungary.- Alberto Camusso, Italy.- Aleksander Stawicki, Bartosz Turno, Tomasz Feliszewski, Krzysztof Kanton and Katarzyna Karasiewicz, Poland.- Darija Ognjenovic, Serbia.- Julia Suderow and Amaya Angulo Garzaro, Spain.- Helene Andersson, Sweden.- Daniel Emch, David Neuenschwander and Alisa Burkhard, Switzerland.- Marc Israel, United Kingdom.- Emilio E. Varanini, United States of America.- Part II - Online Exhaustion of IP Rights: Vincenzo Franceschelli, International Report.- Max W. Mosing, Austria.- Jan Clinck and Benjamin Docquir, Belgium.- Paulo Parente Marques Mendes, Brazil.- Teodora Tsenova, Bulgaria.- Karin Pomaizlova, Czech Republic.- Mary-Claude Mitchell, Jean-Louis Fourgoux, Rachel Nakache and Tiphaine Delannoy, France.- Thomas Hoeren, Germany.- Zsуfia Lendvai, Hungary.- Francesca La Rocca, Italy.- Adrien Alberini, Switzerland.- Bill Batchelor and Luca Montani, United Kingdom.
Описание: This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.
Описание: This book focuses on OLAF, the European Union’s anti-fraud office, and examines the role of and challenges concerning fundamental rights in OLAF’s composite enforcement procedure. The mission of OLAF (Office Europ?en de Lutte Antifraude) is to fight fraud, corruption and any other illegal activities that affect the financial interests of the European Union. To this end, OLAF carries out administrative investigations, in which it gathers evidence itself, and coordination cases, in which it coordinates the Member States’ investigations. OLAF’s investigation and coordination efforts are conceived of as mere derivatives of other more traditional forms of law enforcement cooperation in which authorities enter into obligations to cooperate with one another, but in which each acts to fulfill these obligations within its own separately identifiable legal order and on the basis of its own law. This system, in its most conventional form, is founded on the notion of territorial sovereignty. If we extend the logic of this approach from enforcement (the ‘sword’) to fundamental rights (the ‘shield’), issues in relation to the latter – and the accompanying responsibility to prevent and/or remedy them – can arise only in individual (sovereign) legal orders. The way in which we view OLAF, as an evolved cognate of traditional forms of law enforcement cooperation, therefore directly dictates which fundamental rights issues enter into the equation, and in which manner. This book proposes an innovative way of looking at OLAF, which we refer to as ‘composite enforcement procedures.’ In this type of procedure, responsibilities for the entirety of enforcement are attributed to inextricably interlinked European Union and Member State legal orders. If we observe OLAF through this new lens, fundamental rights issues that would otherwise go unnoticed come to the forefront. These are issues that arise not in individual legal orders, but rather between or among the European Union and the Member States. This book addresses these fundamental rights challenges and makes concrete recommendations on how they can be addressed and resolved.
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.
Автор: Konvitz, Milton Название: Fundamental Rights ISBN: 141280647X ISBN-13(EAN): 9781412806473 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
