The Impact Of European Rights On National Legal Cultures

Author by : Miriam Aziz
Languange : en
Publisher by : Hart Publishing
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 736
File Size : 40,8 Mb
pdf pdf

Description : This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.


The Coherence Of Eu Law

Author by : Sacha Prechal
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 915
File Size : 46,5 Mb
pdf pdf

Description : This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and domestic application of EU law? The volume addresses these central questions from a range of theoretical and practical perspectives.


Fundamental Rights In Europe

Author by : Federico Fabbrini
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 892
File Size : 48,5 Mb
pdf pdf

Description : The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.


The Legal Culture Of The European Court Of Human Rights

Author by : Nina-Louisa Arold
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 538
File Size : 46,7 Mb
pdf pdf

Description : Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.


A Europe Of Rights

Author by : Helen Keller
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 639
File Size : 51,6 Mb
pdf pdf

Description : This title examines the process through which the European Convention on Human Rights, along with the case law of the European Court of Human Rights, has been interpreted and applied in the Member States, and how this has impacted upon their domestic legal orders.


Michigan Journal Of International Law

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 112
File Size : 40,5 Mb
pdf pdf

Description :


The Yale Journal Of International Law

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 953
File Size : 44,7 Mb
pdf pdf

Description :


New York University Journal Of International Law Politics

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 415
File Size : 52,9 Mb
pdf pdf

Description :


Constitutionalization Of European Private Law

Author by : Hans Micklitz
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 899
File Size : 40,8 Mb
pdf pdf

Description : In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.


Political Rights Under Stress In 21st Century Europe

Author by : Wojciech Sadurski
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 24
Total Download : 905
File Size : 52,8 Mb
pdf pdf

Description : This edited collection examines the growing uncertainty about the role and scope of traditional political rights in the 21st Century's increased threat of terrorism. It reflects on the appropriate scope and strength of protection of political rights in a wider global context, and covers issues such as the rise of 'militant democracies' and the effectiveness of the Council of Europe's monitoring mechanisms.