fundamental rights in the eu a matter for two courts modern studies in european law

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Fundamental Rights In The Eu

Author : Sonia Morano-Foadi
ISBN : 9781782258896
Genre : Law
File Size : 34. 10 MB
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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.

Fundamental Rights In Eu Internal Market Legislation

Author : Vasiliki Kosta
ISBN : 9781782258988
Genre : Law
File Size : 62. 54 MB
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Impact Of Union Citizenship On The Eu S Market Freedoms

Author : Alina Tryfonidou
ISBN : 9781509904402
Genre : Law
File Size : 26. 30 MB
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The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

General Principles Of Ec Law In A Process Of Development

Author : Ulf Bernitz
ISBN : 9789041127051
Genre : Law
File Size : 28. 66 MB
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What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Vorstufen Zur Demokratie Theorie

Author : Robert Alan Dahl
ISBN : 3165367914
Genre : Law
File Size : 75. 95 MB
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Translation of A preface to democratic theory.

Terrorism In Europe

Author : Antonio Vercher
ISBN : UOM:39015028442948
Genre : Law
File Size : 62. 12 MB
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This is a comparative study of the most outstanding emergency measures--legal, administrative, and executive--which are part of certain European anti-terrorist legal systems. It also highlights the existence of sufficient similarities between common and civil legal systems within the EEC framework to justify a more fluid integration between the relevant states seeking not only fuller European co-operation but also a prospective single jurisdiction to deal with the challenge of terrorism.

Gemeinsamer Europ Ischer Referenzrahmen F R Sprachen Lernen Lehren Beurteilen

Author : John Trim
ISBN : 3126065201
Genre :
File Size : 75. 53 MB
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Der Referenzrahmen richtet sich an Lehrer, Fortbilder, Autoren und Curriculumplaner in der Schule und der Erwachsenenbildung. Der Gemeinsame europäische Referenzrahmen für Sprachen stellt die gemeinsamen Referenzniveaus zur Erfassung des Lernfortschritts vor, befasst sich mit der Entwicklung von Curricula und diskutiert verschiedene Prüfungsformen.

The Cosmopolitan Constitution

Author : Alexander Somek
ISBN : 9780191030925
Genre : Law
File Size : 20. 20 MB
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Direct Investment National Champions And Eu Treaty Freedoms

Author : Frank S. Benyon
ISBN : 1849461082
Genre : Law
File Size : 76. 25 MB
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particular situation of third country investors also has to be considered, insofar as they may benefit from the free movement of capital but not from the establishment and servies freedoms. Recent developments in EU company law are discussed too, notably those concerning simple cross-border relocation of businesses as well as those regulating take-overs and mergers. --

Der Europarat

Author : Aline Royer
ISBN : 9287167842
Genre :
File Size : 87. 50 MB
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