Fundamental Rights and Private Law in the European Union: Comparative analyses of selected case patterns PDF Download

Author: Gert Brüggemeier
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 480

View

Book Description
"Comparative study carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union"--P. [iv] of cover, Vol. 1-2.

Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562

View

Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Author: Christophe Paulussen
Publisher: Springer
ISBN: 9462650888
Category : Law
Languages : en
Pages : 327

View

Book Description
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

Author: Hugh Collins
Publisher: Intersentia Limited
ISBN: 9781780684338
Category : Charter of Fundamental Rights of the European Union
Languages : en
Pages : 0

View

Book Description
A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.

Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357

View

Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Author: Gert Brüggemeier
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 840

View

Book Description
This two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each of these countries, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.

Author: A. S. Hartkamp
Publisher:
ISBN: 9781780683850
Category : Civil law
Languages : en
Pages : 0

View

Book Description
European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

Author: Christoph Busch
Publisher: Walter de Gruyter
ISBN: 3866539398
Category : Law
Languages : en
Pages : 137

View

Book Description
This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission

Author: Thomas Barkhuysen
Publisher: BRILL
ISBN: 9004148523
Category : Law
Languages : en
Pages : 145

View

Book Description
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

Author: Nuno Ferreira
Publisher: Routledge
ISBN: 1136716319
Category : Law
Languages : en
Pages : 331

View

Book Description
The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.