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The EU Charter of Fundamental Rights as a Binding Instrument: Five Years Old and Growing de Professor Sybe de Vries

The EU Charter of Fundamental Rights as a Binding Instrument: Five Years Old and Growing: Studies of the Oxford Institute of European and Comparative Law

Editat de Professor Sybe de Vries, Professor Ulf Bernitz, Professor Stephen Weatherill
en Limba Engleză Hardback – 2 dec 2015
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.
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Specificații

ISBN-13: 9781782258254
ISBN-10: 1782258256
Pagini: 416
Dimensiuni: 156 x 234 x 28 mm
Greutate: 0.79 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies of the Oxford Institute of European and Comparative Law

Locul publicării:London, United Kingdom

Caracteristici

This monograph, a result of a conference held under the auspices of the Institute of European and Comparative Law, Oxford, reflects on 5 years of life under the Charter - 5 years of remarkable activity.

Notă biografică

Sybe de Vries is Professor of EU Single Market Law and Fundamental Rights and the Jean Monnet Chair at the Europa Institute of Utrecht University.Ulf Bernitz is Professor of European Law at Stockholm University, director of the Stockhom Institute of European Law and director of the Oxford/Stockholm Venture in European Law.Stephen Weatherill is Professor of European Law at the University of Oxford, a Fellow of Somerville College and Deputy Director for European Law in the Oxford Law Faculty's Institute of European and Comparative Law.

Cuprins

Introduction: Five Years Old and Growing: The EU Charter of Fundamental Rights as a Binding Instrument Sybe de Vries, Ulf Bernitz and Stephen WeatherillPart I: The Constitutional Dimension of Fundamental Rights1. Five Years of Charter Case Law: Some Observations Allan Rosas2. The Relationship Between the EU and the ECHR Five Years on from the Treaty of Lisbon Sionaidh Douglas-Scott3. Who Decides on Fundamental Rights Issues in Europe? Towards a Mechanism to Coordinate the Roles of theNational Courts, the ECJ and the ECtHR Janneke Gerards4. Why National Constitutional Courts Should not Embrace EU Fundamental Rights Jan Komárek5. The Interplay Between the Charter and National Constitutions after Å kerberg Fransson and Melloni :Has the CJEU Embraced the Challenges of Multilevel Fundamental Rights Protection? Clara RaucheggerPart II: The Scope of Fundamental Rights in EU Law6. The EU Charter of Fundamental Rights Five Years on: The Emergence of a New Constitutional Framework? Xavier Groussot and Gunnar Thor Petursson7. The Scope of the Charter and its Impact on the Application of the ECHR: The Å kerberg FranssonCase on Ne Bis in Idem in Perspective Ulf Bernitz8. The Silence of the Charter: Social Rights and the Court of Justice Catherine Barnard9. Much Ado About Nothing? How the EU Charter of Fundamental Rights Could Challenge PrevailingNotions of Territorial Rights and Solidarity as Regards National Social Security Systems Jaan PajuPart III: Safeguarding Fundamental Rights in Europe's Internal Market10. Protecting the Internal Market from the Charter Stephen Weatherill11. The EU Single Market as 'Normative Corridor' for the Protection of Fundamental Rights: The Example ofData Protection Sybe de Vries12. The EU Charter of Fundamental Rights and the Rights to Data Privacy: The EU Court of Justiceas a Human Rights Court Federico Fabbrini13. Privacy and Data Protection: The Rights of Economic Actors Peter Oliver14. Dawn Raids in Competition Cases: Do the European Commission's Dawn Raid Procedures Stand theTest of the Charter? Helene Andersson15. The Charter and the EU State Aid Procedure John Temple Lang

Recenzii

The editors and the authors deserve praise for their effort in producing a highly relevant and enjoyable book on the Charter five years into its existence. It contains much food for thought and is therefore a wonderful inspiration for future research.
... the editors of the book have provided a broad, in-depth and succinct assessment of the post-Lisbon case law involving the Charter ... The book's main advantage is the variety of issues it tackles, guaranteeing a holistic analysis. It is an example of thorough doctrinal scholarship at its best. Not only do the authors explore and critically assess the Charter's impact on the EU legal order but they also deal with practical problems that the Court and national courts face in adjudication.