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Author : Cathryn Costello
Publisher :
ISBN 13 :
Total Pages : 130 pages
Book Rating : 4.:/5 (851 download)
Download or read book The Bosphorus Ruling of the European Court of Human Rights written by Cathryn Costello and published by . This book was released on 2006 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Johan Callewaert
Publisher : Council of Europe
ISBN 13 : 9287179700
Total Pages : 107 pages
Book Rating : 4.2/5 (871 download)
Download or read book The accession of the European Union to the European Convention on Human Rights written by Johan Callewaert and published by Council of Europe. This book was released on 2014-01-01 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author : Johan Callewaert
Publisher : Council of Europe
ISBN 13 : 9287180105
Total Pages : 215 pages
Book Rating : 4.2/5 (871 download)
Download or read book The accession of the European Union to the European Convention on Human Rights written by Johan Callewaert and published by Council of Europe. This book was released on 2014-12-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author : A. Andreangeli
Publisher : Edward Elgar Publishing
ISBN 13 : 184844267X
Total Pages : 297 pages
Book Rating : 4.8/5 (484 download)
Download or read book EU Competition Enforcement and Human Rights written by A. Andreangeli and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.
Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.1/5 (86 download)
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Kanstantsin Dzehtsiarou
Publisher : Routledge
ISBN 13 : 1135971935
Total Pages : 398 pages
Book Rating : 4.1/5 (359 download)
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Author : Elspeth Guild
Publisher : BRILL
ISBN 13 : 9004637214
Total Pages : 466 pages
Book Rating : 4.0/5 (46 download)
Download or read book The European Court of Justice on the European Convention on Human Rights written by Elspeth Guild and published by BRILL. This book was released on 2024-01-22 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law. For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration. This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.
Author : Nina-Louisa Arold Lorenz
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004258442
Total Pages : 309 pages
Book Rating : 4.0/5 (42 download)
Download or read book The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? written by Nina-Louisa Arold Lorenz and published by Martinus Nijhoff Publishers. This book was released on 2014-04-30 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.
Author : Elisa Ravasi
Publisher : BRILL
ISBN 13 : 9004343695
Total Pages : 469 pages
Book Rating : 4.0/5 (43 download)
Download or read book Human Rights Protection by the ECtHR and the ECJ written by Elisa Ravasi and published by BRILL. This book was released on 2017-08-28 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.
Author : Andreas Føllesdal
Publisher : Cambridge University Press
ISBN 13 : 1107024447
Total Pages : 485 pages
Book Rating : 4.1/5 (7 download)
Download or read book Constituting Europe written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2013-05-23 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the European Court of Human Rights at the national, European and international levels.
Author : Andrzej Jakubowski
Publisher : BRILL
ISBN 13 : 9004365346
Total Pages : 528 pages
Book Rating : 4.0/5 (43 download)
Download or read book Cultural Heritage in the European Union written by Andrzej Jakubowski and published by BRILL. This book was released on 2019-05-15 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical inquiry into the ever-evolving notion of cultural heritage and the way it has been made accessible, governed, and protected by the institutional, operational, and legal structures of the European Union.
Author : Anne van Aaken
Publisher : Oxford University Press
ISBN 13 : 0192565540
Total Pages : 388 pages
Book Rating : 4.1/5 (925 download)
Download or read book The European Convention on Human Rights and General International Law written by Anne van Aaken and published by Oxford University Press. This book was released on 2018-10-03 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0199644748
Total Pages : 401 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Human Rights of Migrants in European Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Author : Alastair R. Mowbray
Publisher : Oxford University Press, USA
ISBN 13 : 0199206740
Total Pages : 1098 pages
Book Rating : 4.1/5 (992 download)
Download or read book Cases and Materials on the European Convention on Human Rights written by Alastair R. Mowbray and published by Oxford University Press, USA. This book was released on 2007 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.
Author : Bernadette Rainey
Publisher : Oxford University Press, USA
ISBN 13 : 0198847130
Total Pages : 792 pages
Book Rating : 4.1/5 (988 download)
Download or read book Jacobs, White, and Ovey: the European Convention on Human Rights written by Bernadette Rainey and published by Oxford University Press, USA. This book was released on 2021 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the key principles underpinning the decisions made by the European Court of Human Rights, and provides a guide to the pivotal cases in each area.
Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1107025508
Total Pages : 561 pages
Book Rating : 4.1/5 (7 download)
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
Author : James A. Green
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004261184
Total Pages : 251 pages
Book Rating : 4.0/5 (42 download)
Download or read book Adjudicating International Human Rights written by James A. Green and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
