Economic and Social Rights Under the EU Charter of Fundamental Rights

A Legal Perspective

Author: Tamara K. Hervey,Jeff Kenner

Publisher: Hart Publishing

ISBN: 1841130958

Category: Law

Page: 327

View: 3400

The Charter of Fundamental Rights of the European Union includes, in addition to the traditional civil and political rights, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

The EU Charter of Fundamental Rights

A Commentary

Author: Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward

Publisher: Bloomsbury Publishing

ISBN: 1849467471

Category: Law

Page: 1865

View: 2144

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

The EU Charter of Fundamental Rights

From Declaration to Binding Instrument

Author: Giacomo Di Federico

Publisher: Springer Science & Business Media

ISBN: 9789400701564

Category: Law

Page: 320

View: 3838

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

The European Union Charter of Fundamental Rights

Author: Steve Peers,Dr. Angela Ward

Publisher: Hart Publishing

ISBN: 184113449X

Category: Law

Page: 392

View: 4106

This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavor of how the Charter might seep in to the process of substantive law- making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.

Making the Charter of Fundamental Rights a Living Instrument

Author: Giuseppe Palmisano

Publisher: Hotei Publishing

ISBN: 9004291857

Category: Political Science

Page: 420

View: 1098

The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.

The EU Charter of Fundamental Rights as a Binding Instrument

Five Years Old and Growing

Author: Sybe de Vries,Ulf Bernitz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1782258248

Category: Law

Page: 416

View: 575

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

Protecting Human Rights in the EU

Controversies and Challenges of the Charter of Fundamental Rights

Author: Tanel Kerikmäe

Publisher: Springer Science & Business Media

ISBN: 3642389023

Category: Law

Page: 198

View: 2198

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.

European Fundamental Rights and Freedoms

Author: Dirk Ehlers

Publisher: Walter de Gruyter

ISBN: 3110971968

Category: Law

Page: 644

View: 8789

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important.

The Charter of Fundamental Rights of the European Union and the Employment Relation

Author: Filip Dorssemont,Klaus Lörcher,Stefan Clauwaert,Mélanie Schmitt

Publisher: Bloomsbury Publishing

ISBN: 1509922679

Category: Law

Page: 712

View: 6111

The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

Monitoring Fundamental Rights in the EU

The Contribution of the Fundamental Rights Agency

Author: Philip Alston,Olivier de Schutter

Publisher: Hart Publishing

ISBN: 1841135348

Category: Law

Page: 282

View: 9528

Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency.

Fundamental rights in the European Union

towards higher law of the land? : a study of the status of fundamental rights in a broader constitutional setting

Author: Mats Lindfelt

Publisher: N.A


Category: Political Science

Page: 360

View: 5459


Research Handbook on EU Law and Human Rights

Author: Sionaidh Douglas-Scott,Nicholas Hatzis

Publisher: Edward Elgar Publishing

ISBN: 1782546405


Page: 576

View: 4858

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

The Chartering of Europe

The European Charter of Fundamental Rights and Its Constitutional Implications

Author: Erik Oddvar Eriksen,John Erik Fossum,Augustín José Menéndez

Publisher: N.A

ISBN: 9783832901622

Category: Charter of Fundamental Rights of the European Union

Page: 274

View: 3325


Europäisches Verfassungsrecht

Theoretische und dogmatische Grundzüge

Author: Armin Bogdandy,Jürgen Bast

Publisher: Springer-Verlag

ISBN: 3662071282

Category: Law

Page: 977

View: 5226

Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts, reflektiert den Stand der Forschung, verdeutlicht methodische Zugänge, klärt Wissenschaftsverständnisse und bezeichnet Forschungsdesiderata. Die systematischen Einzelanalysen ergänzen Gesamteinschätzungen zu Stand und Fortgang der rechtlichen Integration.