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Author: Mark Dawson Publisher: ISBN: 9781108147316 Category : LAW Languages : en Pages : 241
Book Description
"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: ISBN: 9781108147316 Category : LAW Languages : en Pages : 241
Book Description
"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: Sonia Morano-Foadi Publisher: Springer Nature ISBN: 3030423670 Category : Law Languages : en Pages : 254
Book Description
This 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: Olivier De Schutter Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Shall 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: Charles F. Sabel Publisher: Oxford University Press on Demand ISBN: 0199572496 Category : Law Languages : en Pages : 385
Book Description
This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.
Author: Rosemary Byrne Publisher: Routledge ISBN: 0429588658 Category : Law Languages : en Pages : 239
Book Description
The 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 ISBN: 0198702043 Category : Law Languages : en Pages : 340
Book Description
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.
Author: Gloria González Fuster Publisher: Springer Science & Business ISBN: 3319050230 Category : Law Languages : en Pages : 284
Book Description
This 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: Mark Dawson
Author: Mark Dawson
Author: Mark Dawson
Author: Philip Alston
Author: Sonia Morano-Foadi
Author: Mark Dawson
Author: Olivier De Schutter
Author: Charles F. Sabel
Author: Rosemary Byrne
Author: Federico Fabbrini
Author: Gloria González Fuster