Białystok Law Books 1 Fundamental Rights Protection In The Council Of Europe: The Role Of The European Court Of Human Rights PDF Download

Author: Iwona Wrońska
Publisher: Wydawnictwo Temida 2
ISBN: 8362813199
Category :
Languages : en
Pages : 212

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Author: Lorenza Violini
Publisher: Edward Elgar Publishing
ISBN: 1786436051
Category : Law
Languages : en
Pages :

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Book Description
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering 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.

Author: Rainer Arnold
Publisher: Springer
ISBN: 940177465X
Category : Law
Languages : en
Pages : 235

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Book Description
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.

Author: Philip Alston
Publisher: Hart Publishing
ISBN: 1841135348
Category : Law
Languages : en
Pages : 289

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The first book to examine the creation and function of the EU Fundamental Rights Agency.

Author: Chiara Amalfitano
Publisher: Edward Elgar Publishing
ISBN: 1786439433
Category :
Languages : en
Pages : 240

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Book Description
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

Author: Pedi Chiemena Obani
Publisher: CRC Press
ISBN: 042986597X
Category : Science
Languages : en
Pages : 352

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Book Description
Over a third of the current 7.3 billion people worldwide are burdened with poor sanitation services. The resulting social, relational and ecological exclusion make the realisation of the human right to sanitation (HRS) a critical concern development concern. However, the literature has evolved in a largely compartmentalised manner, focusing on the formal recognition of the HRS in domestic legal systems, without sufficiently addressing the drivers of poor sanitation services. This research expounds on the impact of the HRS on human wellbeing and the environment within the context of a developing country like Nigeria as a case study. The findings show that contrary to the focus in the literature, the drivers of poor sanitation services are not confined to legal factors, such as the formal recognition of the HRS within domestic legal systems. Rather, the drivers include social, economic and environmental limitations to improved sanitation services. Based on the findings, the book argues that the focus in the literature on the formal recognition of the HRS in national legal systems is insufficient for tackling the main drivers of poor sanitation services. It is therefore necessary to reformulate the HRS discourse using complementary governance instruments that advance social, relational and ecological inclusion.

Author: Fisnik Korenica
Publisher: Springer
ISBN: 3319217593
Category : Law
Languages : en
Pages : 471

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Book Description
This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

Author: Javier García Roca
Publisher: Martinus Nijhoff Publishers
ISBN: 9004219919
Category : Law
Languages : en
Pages : 690

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Book Description
This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 296

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Book Description
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.