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Author: Mark Dawson
Publisher:
Published: 2017
Total Pages: 241
ISBN-13: 9781108147316
DOWNLOAD EBOOK"In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the inter-relation between the EU's pertinent legal and political bodies"--
Author: Mark Dawson
Publisher: Cambridge University Press
Published: 2017-02-16
Total Pages: 259
ISBN-13: 110707049X
DOWNLOAD EBOOKThis book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
Author: Philip Alston
Publisher: Hart Publishing
Published: 2005-02
Total Pages: 289
ISBN-13: 1841135348
DOWNLOAD EBOOKThe first book to examine the creation and function of the EU Fundamental Rights Agency.
Author: Sonia Morano-Foadi
Publisher: Springer Nature
Published: 2020-05-14
Total Pages: 254
ISBN-13: 3030423670
DOWNLOAD EBOOKThis monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The ‘existential’ crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights’ regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.
Author: Mark Dawson
Publisher: Cambridge University Press
Published: 2022-05-05
Total Pages: 275
ISBN-13: 1108836178
DOWNLOAD EBOOKAn accessible and interdisciplinary take on EU law and governance, situating EU law in its political, social and cultural context.
Author: Olivier De Schutter
Publisher:
Published: 2014
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKShall the adoption of the EU Charter of Fundamental Rights lead the European Union to develop an active fundamental rights policy? Rather than asking the classical question of which initiatives need to be taken by the Union in order to improve the protection of fundamental rights, this paper argues in favour of the establishment of a mechanism which would ensure a form of permanent learning between the Member States, in order to encourage progress in the direction of the further realisation of fundamental rights as recognised in the Charter of Fundamental Rights, irrespective of whether this takes the form of legislative developments at the level of the Union. What is advocated here has already been experimented with in certain areas--such as health care, the rights of the child, or, to a limited extent, asylum and immigration. This paper asks whether this should be generalised, and become a permanent component of governance in the EU. It envisages the future of fundamental rights in the European Union as based on a view of rights as having to be permanently reinvented in the new settings in which they are invoked, and as objectives (or 'values') the fulfilment of which requires a permanent learning process, both (horizontally) between the Member States and (vertically) between the institutions of the Union and the Member States.
Author: Rosemary Byrne
Publisher: Routledge
Published: 2019-12-06
Total Pages: 239
ISBN-13: 0429588658
DOWNLOAD EBOOKThe EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA’s evidence-based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.
Author: Federico Fabbrini
Publisher: Oxford University Press, USA
Published: 2014-02
Total Pages: 340
ISBN-13: 0198702043
DOWNLOAD EBOOKThis book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Author: Gloria González Fuster
Publisher: Springer Science & Business
Published: 2014-04-28
Total Pages: 284
ISBN-13: 3319050230
DOWNLOAD EBOOKThis book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.
Author: Mads Andenas
Publisher: Springer
Published: 2017-09-26
Total Pages: 417
ISBN-13: 9462651957
DOWNLOAD EBOOKThe reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts: ‘The Reach of Free Movement', ’Justifications and Proportionality’, ‘Fundamental Rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London.Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: • Up-to-date analysis of the reach of free movement within the EU Internal Market and what constitutes a restriction• Chapters by leading authorities and a number of young scholars, active in various interconnected fields, such as European law, Constitutional law and Human Rights law, international law, global governance, European trade and commercial law, European Financial Services law, and procedural law.• The strength of the content lies both in its highly practical and theoretical applicability
