The Right to Life in European Constitutional and International Case-law

The Right to Life in European Constitutional and International Case-law
Author: Bertrand Mathieu
Publisher: Council of Europe
Total Pages: 128
Release: 2006-01-01
Genre: Law
ISBN: 9287158673

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

Europeans and their rights - The Right to Life in European constitutional and conventional case law

Europeans and their rights - The Right to Life in European constitutional and conventional case law
Author:
Publisher:
Total Pages: 0
Release: 2006
Genre:
ISBN:

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human -- scientific and medical -- intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europe's constitutional courts and the Council of Europe's European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe. Bertrand Mathieu.

European Human Rights Law

European Human Rights Law
Author: Mark W. Janis
Publisher:
Total Pages: 1015
Release: 2008
Genre: Law
ISBN: 019927746X

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union
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.

Notable Cases of the European Court of Human Rights on the Right to Life- e-Book

Notable Cases of the European Court of Human Rights on the Right to Life- e-Book
Author: CARCANO ANDREA
Publisher: G Giappichelli Editore
Total Pages: 304
Release: 2020-06-19
Genre: Law
ISBN: 8892186590

Since its inception, the European Court of Human Rights has been at the forefront of the interpretative effort to clarify and develop human rights law in controversial factual and political contexts. Given this role, this book discusses some of the most important decisions the Court has issued on the right to life under Article 2 of the European Convention on Human Rights and includes a critical analysis of the judicial developments linked to those judgments. To students, the book offers an instructive resource on cases and international norms relating to the right to life. It achieves this through a methodology that prioritises reading primary sources, studying law in concreto by testing it against the facts to which it applies, and stimulating curiosity in the process of learning how to learn. To scholars and practitioners, it provides a tool to appraise the contribution of the Strasbourg jurisprudence to the human right to life and to identify the work that remains to be done.

The Reach of Free Movement

The Reach of Free Movement
Author: Mads Andenas
Publisher: Springer
Total Pages: 417
Release: 2017-09-26
Genre: Law
ISBN: 9462651957

The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts: ‘The Reach of Free Movement', ’Justifications and Proportionality’, ‘Fundamental Rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London.Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: • Up-to-date analysis of the reach of free movement within the EU Internal Market and what constitutes a restriction• Chapters by leading authorities and a number of young scholars, active in various interconnected fields, such as European law, Constitutional law and Human Rights law, international law, global governance, European trade and commercial law, European Financial Services law, and procedural law.• The strength of the content lies both in its highly practical and theoretical applicability

The Treaty on European Union (TEU)

The Treaty on European Union (TEU)
Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
Total Pages: 1821
Release: 2013-11-26
Genre: Law
ISBN: 3642317065

The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.