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Author: Steve Peers Publisher: Bloomsbury Publishing ISBN: 1849467471 Category : Law Languages : en Pages : 1938
Book Description
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'.
Author: Victoria Hooton Publisher: Bloomsbury Publishing ISBN: 1509966870 Category : Political Science Languages : en Pages : 273
Book Description
This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States' concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.
Author: Steve Peers Publisher: Bloomsbury Publishing ISBN: 1782251820 Category : Law Languages : en Pages : 2036
Book Description
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'.
Author: Koen Lenaerts Publisher: Oxford University Press ISBN: 0192592378 Category : Law Languages : en Pages : 1025
Book Description
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Author: Sandra Mantu Publisher: ISBN: 9789004411777 Category : Citizenship Languages : en Pages : 0
Book Description
EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.
Author: Gary P. Freeman Publisher: Edward Elgar Publishing ISBN: 178347629X Category : Political Science Languages : en Pages : 492
Book Description
In this comprehensive Handbook, an interdisciplinary team of distinguished scholars from the social sciences explores the connections between migration and social policy. They test conflicting claims as to the positive and negative effects of different types of migration against the experience of countries in Europe, North America, Australasia, the Middle East and South Asia, assessing arguments as to migration’s impact on the financial, social and political stability and sustainability of social programs. The volume reflects the authors’ curiosity about the controversy over the connection between social and cultural diversity and popular support for the welfare state. Providing timely and original chapters which both critique the existing literature as well as build on and advance theoretical understanding, the authors focus on the formal settlement and integration polices created for migrants as well as corollary state policies affecting migrants and migration. A clutch of chapters investigates the linkage between migration and trade theory, foreign direct investment, globalization, public opinion, public education and welfare programs. Chapters then deal with leading receiving states as well as India and the authors examine the regulation of migration at the subnational, national, regional and global levels. The topic of migration and security is also covered. This compelling and exhaustive review of existing scholarship and state-of -the-art original empirical analysis is essential reading for graduates and academics researching the field.
Author: Michael Dougan Publisher: Bloomsbury Publishing ISBN: 1847310435 Category : Law Languages : en Pages : 300
Book Description
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
Author: Robert Schütze Publisher: Cambridge University Press ISBN: 1108674690 Category : Law Languages : en Pages :
Book Description
This fully updated text is a collection of the essential primary and secondary law of the European Union that quickly and effectively guides students to the material they need during exams and lectures. Part I contains the European Union's primary law in consolidated form. Part II offers a selection of the essential pieces of European Union legislation in five core areas of particular importance to undergraduate and graduate studies, namely: the EU institutions, the internal market, competition law, social policy and consumer protection. Lisbon numbering is used throughout, and colour-coded content will facilitate easy navigation. An annex contains all relevant UK statutes - from the 1972 European Communities Act to the 2017 European Union (Withdrawal) Bill. This update takes Brexit into account, with a new section providing an overview of the Brexit relevant British statutes.
Author: Jacek Kubera Publisher: Routledge ISBN: 1000050718 Category : Political Science Languages : en Pages : 237
Book Description
Social Europe is a key topic in the construction of the EU and its institutions. This volume examines the current state of, and perspectives for, Social Europe, as well as key issues in European social policy, including the posting of workers, the impact of the free market and regulations on social convergence, work automation, digitalisation, taxation and democracy in the workplace. The aim of this volume is to identify a course to be followed in integrating the EU’s social policies and point to areas in which co-operation between member states is likely to produce best results. While a Social Europe was previously seen to be a natural consequence of political and economic integration, it is now viewed as a separate area that requires active policies to preserve the European project. The EU’s big question today concerns the level at which this policy should be pursued: the volume’s contributors outline difficulties with harmonising social policies across the Union, but they nevertheless argue that, owing to the common challenges faced by Europe, the idea of a Social Europe must not be abandoned and requires specific action. The volume consists of 11 chapters written by a variety of expert authors, analysing the idea of a Social Europe and proposing ways in which it could be put into practice. Social policy can no longer be seen as derived from economic policy but rather as a separate driver of development that could be of interest to the northern, southern and eastern states of the EU. Jacek Kubera, PhD, Assistant Professor, Faculty of Sociology, Adam Mickiewicz University in Poznań. Tomasz Morozowski, PhD candidate, Faculty of Political Science and Journalism, Adam Mickiewicz University in Poznań, and analyst at the Poznań Institute for Western Affairs.
Author: Frans Pennings Publisher: Edward Elgar Publishing ISBN: 1800886357 Category : Law Languages : en Pages : 475
Book Description
This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.
Author: Steve Peers
Author: Victoria Hooton
Author: Steve Peers
Author: Gisella Gori
Author: Koen Lenaerts
Author: Sandra Mantu
Author: Gary P. Freeman
Author: Michael Dougan
Author: Robert Schütze
Author: Jacek Kubera
Author: Frans Pennings