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Using insights gained from the development of positive obligations by the European Court of Human Rights, this volume analyses the possibility of incorporating positive obligations into EU law.
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
The first book to examine the creation and function of the EU Fundamental Rights Agency.
The concept of positive obligations is familiar to various legal systems which seek to protect fundamental rights. This concept means that states are required to take active measures to protect fundamental rights, such as, for example, adopting a general legal framework to regulate same-sex relationships in order to ensure protection of the right to private life. In Europe, positive obligations have, in particular, been developed in the case-law of the European Court of Human Rights (ECtHR) from the 1970s onwards. The ECtHR has explained that positive obligations are necessary to ensure that fundamental rights are of practical value and effective for everyone. The ECtHR is not the only supranational court in Europe that protects fundamental rights. The Court of Justice of the European Union (ECJ) also protects fundamental rights within the scope of EU law. So far, no concept of positive obligations has been developed by this Court, and the question has been asked whether such a development can indeed occur under EU law. After all, the EU is a rather special international organisation which has specific, mainly economic, interests to protect. It is also unclear whether the EU has competence to undertake regulatory action to actively protect fundamental rights Based on the insights obtained from the development of positive obligations by the ECtHR, this volume analyses whether and how positive obligations could be incorporated into EU law. The relevant provisions laid down in the EU Treaties and the EU Charter, the case-law of the ECJ and the specificities of the EU system are studied to find out where there is scope for recognition of the concept of positive obligations under EU law, and what limitations would apply to this
This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity
The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.
This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.
Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: B 80%, European Online Academy, language: English, abstract: Why is the protection of fundamental rights needed in the EU? In order to demonstrate the importance of fundamental rights in the European Union (EU), it needs to be clarified what fundamental rights are and how they differ from the fundamental freedoms of the EU. When going through the literature of the European Union one might see the term “fundamental freedom”. Fundamental freedoms are embedded in the European Economic Community (EEC) since 1957 and describe the free movement of goods, persons, services and capital, the driving forces for the internal market. Even though fundamental freedoms and fundamental rights are linked and sometimes similar, Fundamental freedoms are not to be mixed up with fundamental rights which are much more focused on the citizens’ rights than on the economic factor. Fundamental rights are difficult to define as there is no common sense of what exactly is “fundamental”. Nevertheless there is different background and understanding of fundamental rights, they are generally defined as “...hierarchical supreme norms, which judicially protect citizens against unjustified interference by public authority”.2 Fundamental rights receive the highest level of protection, as they do not only speak the language of the suffered people, but also protect the rights of the nation’s citizens and are therefore essential values of a democratic legal system. Fundamental rights like human dignity, prohibition of slavery and forced labour, the respect of private and family life and the right to marry and to found a family are essential rights and represent a nations or unions values. Moreover fundamental rights ensure equality among citizens.
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies. Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work. Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini
The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.