Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press, USA. This book was released on 2021-02-17 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.
Download or read book European Union Human Rights Law written by Marton Varju and published by Edward Elgar Publishing. This book was released on 2014-03-28 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union�s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This in
Download or read book Research Handbook on EU Law and Human Rights written by Sionaidh Douglas-Scott and published by Edward Elgar Publishing. This book was released on 2017-07-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Human Rights Law written by Mark W. Janis and published by Oxford University Press, USA. This book was released on 2000 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights and Fundamental Freedoms is by now tremendously influential in the legal practice of over forty European states, including the United Kingdom. It is therefore essential that students and lawyers be familiar with the law and procedures of the European Court of Human Rights in Strasbourg. This second edition of the innovative and highly acclaimed European Human Rights Law has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights, expansion of the system to central and eastern Europe, and the incorporation of the European Convention on Human Rights into British law. The book introduces both the process and the substance of this increasingly important area of European law. Presenting extracts from key cases alongside clear and intelligent commentary, Janis, Kay, and Bradley explain the legal rules and court system that has evolved in Strasbourg, how the Court works, and how European human rights law is enforced both at the national and international level. It also puts European human rights law into a useful comparative framework alongside human rights cases decided by courts in the United States and Canada.
Download or read book Can the European Court of Human Rights Shape European Public Order written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2021-12-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights Protection in the European Legal Order written by Patricia Popelier and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)
Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Download or read book Law Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Download or read book The Human Rights of Migrants in European Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Download or read book The European Human Rights Culture A Paradox of Human Rights Protection in Europe written by Nina-Louisa Arold Lorenz and published by Martinus Nijhoff Publishers. This book was released on 2014-04-30 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Download or read book The Right to Equality in European Human Rights Law written by Charilaos Nikolaidis and published by Routledge. This book was released on 2014-07-25 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
