The Architecture of Fundamental Rights in the European Union

This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty.

Author: Šejla Imamovic

Publisher: Bloomsbury Publishing

ISBN: 9781509940608

Category: Law

Page: 256

View: 668

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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.
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The Charter of Fundamental Rights of the European Union and the Employment Relation

Proceduralism in European Human Rights Law' (2013) 14 German Law Journal 651 Dawson, M and Muir, E, 'Individual, ... European Parliament, 2016) —— 'The New Architecture of Fundamental Rights Policy in the EU' (2011) European Yearbook of ...

Author: Filip Dorssemont

Publisher: Bloomsbury Publishing

ISBN: 9781509922673

Category: Law

Page: 712

View: 190

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The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
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The Horizontal Effect of Fundamental Rights in the European Union

Morano-Foadi S and Andreadakis S, 'Reflections on the Architecture of the EU after the Treaty of Lisbon: The European Judicial Approach to Fundamental Rights' (2011) 17:5 ELJ 595. Morgan P, 'Questioning the “True Effect” of the Human ...

Author: Eleni Frantziou

Publisher: Oxford University Press

ISBN: 9780192574008

Category: Law

Page: 351

View: 286

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This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
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European Union Law

The EU and Human Rights (Oxford, Oxford University Press, 1999) P. Alston and J. Weiler, '“An Ever Closer Union” in Need of ... 'The Open Architecture of European Human Rights Law' (2008) 71 Modern Law Review 183 B. Kunoy and A. Dawes, ...

Author: Damian Chalmers

Publisher: Cambridge University Press

ISBN: 9781139487887

Category: Law

Page: 1209

View: 640

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This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
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Fundamental Rights in the EU

4 See also JP Jacqué, 'The Accession of the European Union to the European Convention on Human Rights and ... on the Architecture of the EU after the Treaty of Lisbon: the European Judicial Approach to Fundamental Rights' in a special ...

Author: Sonia Morano-Foadi

Publisher: Bloomsbury Publishing

ISBN: 9781782258902

Category: Law

Page: 278

View: 956

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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.
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The EU Charter of Fundamental Rights

H Kaila, 'The Scope of Application of the Charter of Fundamental Rights of the European Union in the Member States' in P ... on the Architecture of the EU After the Treaty of Lisbon: the European Judicial Approach to Fundamental Rights' ...

Author: Steve Peers

Publisher: Bloomsbury Publishing

ISBN: 9781849467476

Category: Law

Page: 1865

View: 869

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The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
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Fundamental Rights in Europe

By bringing about a significant overhaul of the EU constitutional architecture, the Lisbon Treaty has increased the ... “The Accession of the European Union to the European Convention on Human Rights and Fundamental Freedoms” (2011) 48 ...

Author: Federico Fabbrini

Publisher: Oxford University Press

ISBN: 9780198702047

Category: Law

Page: 340

View: 347

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This 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.
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The Governance of EU Fundamental Rights

We also, however, have deep changes in terms of the Union's institutional architecture – as well as its ... a closer look at how – to coin a term of new governance literature – the 'governance architecture' for EU fundamental rights now ...

Author: Mark Dawson

Publisher: Cambridge University Press

ISBN: 9781107070493

Category: Law

Page: 259

View: 537

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This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
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Fundamental Rights in Europe

In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of ...

Author: Federico Fabbrini

Publisher: OUP Oxford

ISBN: 9780191006586

Category: Political Science

Page: 350

View: 950

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The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.
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The EU Charter of Fundamental Rights

This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives.

Author: Steve Peers

Publisher: Hart Publishing

ISBN: 9781841134499

Category: Law

Page: 421

View: 522

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This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavour of how the Charter might seep in to the process of substantive law making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.
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