The European Union And Human Rights
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Author | : Jan Wouters |
Publisher | : Oxford University Press, USA |
Total Pages | : 729 |
Release | : 2021-02-17 |
Genre | : Law |
ISBN | : 0198814194 |
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.
Author | : Jan Wouters |
Publisher | : Oxford University Press |
Total Pages | : 769 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0198814178 |
This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.
Author | : Nanette A. Neuwahl |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482423 |
Author | : Marton Varju |
Publisher | : Edward Elgar Publishing |
Total Pages | : 297 |
Release | : 2014-03-28 |
Genre | : Law |
ISBN | : 1781951748 |
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
Author | : Tanel Kerikmäe |
Publisher | : Springer Science & Business Media |
Total Pages | : 200 |
Release | : 2013-08-30 |
Genre | : Law |
ISBN | : 3642389023 |
Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.
Author | : Steven Greer |
Publisher | : Cambridge University Press |
Total Pages | : 562 |
Release | : 2018-03-29 |
Genre | : Law |
ISBN | : 1108647456 |
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 | : Kanstantsin Dzehtsiarou |
Publisher | : Routledge |
Total Pages | : 249 |
Release | : 2014-03-21 |
Genre | : Law |
ISBN | : 1135971862 |
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.
Author | : Juan José Álvarez Rubio |
Publisher | : Taylor & Francis |
Total Pages | : 159 |
Release | : 2017-01-20 |
Genre | : Law |
ISBN | : 1351979159 |
Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.
Author | : Izabella Majcher |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Asylum, Right of |
ISBN | : 9789004360525 |
"The book assesses the EU Returns Directive against international human rights norms and standards. [The author] explores protection gaps in the EU return policy and highlights how the provisions of the Directive should be implemented in line with member states' human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018."--
Author | : Rosa Balfour |
Publisher | : Routledge |
Total Pages | : 245 |
Release | : 2013-06-17 |
Genre | : Political Science |
ISBN | : 113649572X |
This book investigates the disparity between rhetoric and performance in the European Union response to abuses of human rights and transgression of democracy. With the Arab spring putting the spotlight on the EU’s self-portrait as committed to promoting global human rights and democracy, this book examines the paradoxes of its international posture and the inconsistencies and double standards of its policies. With an informative and empirical approach examining EU relations since the end of the Cold War, this book seeks to uncover the reasons behind the Union’s actions and understand the foreign policy dilemmas and processes that guide its action. Including detailed analysis of Ukraine and Egypt, and the EU response to momentous changes for neighbouring nations, the author draws upon thoroughly-researched investigation into twenty years of EU foreign policy to create a framework using both EU Studies and International Relations. Providing a deeper analysis than other dominant explanations, this book presents new theories on the reasons behind the mismatch between words and deeds. An invaluable and timely volume, Human Rights and Democracy in EU Foreign Policy will be of interest to students and scholars of EU politics, International Relations and human rights policy.