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Fundamental Rights and EU Internal Market Legislation

Fundamental Rights and EU Internal Market Legislation

Name: Fundamental Rights and EU Internal Market Legislation
Brand: Hart Publishing
SKU: 9781849467117
Price: 1197.95 HKD
Availability: InStock
Author: Vasiliki Kosta
ISBN: 9781849467117

By Vasiliki Kosta

Hart Publishing November 2015

Specifications

ISBN-13: 9781849467117
Publisher: Hart Publishing
Publication: November 2015
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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."

1. Introduction

I. Setting the Scene: A Fundamental Rights Policy in the Internal Market ?

II. Methodology

III. Analysis

IV. Conclusion

2. Competence

I. Introduction

II. Harmonising Fundamental Rights Under Article 114 TFEU

III. Conclusion

3. New Mechanisms for Fundamental Rights Protection in EU Legislation: Building a Fundamental Rights Culture Outside the Courts

I. Introduction

II. Evolution

III. The Fundamental Rights Scrutiny Tools in Detail

IV. Conclusion

4. Data Protection

I. Introduction

II. Data Protection as a Fundamental Right

III. Regulating Data Protection: The Data Protection Directive and the e-Privacy Directive IV. Regulating Restrictions to Data Protection: The (Invalidated) Data Retention Directive 2006/24/EC

V. Proposal for a Coherent Data Protection Framework for the Twenty-First Century: Moving Away from the Internal Market, Moving Closer to Autonomy?

VI. Conclusions

5. Freedom of Expression

I. Introduction

II. Media Pluralism- How the Regulatory Process Can Fail

III. The Audiovisual Media Services Directive - Promoting Freedom of Expression/to Provide Services

IV. Regulating Commercial Expression in the Internal Market C. Conclusion

6. Fundamental Labour Rights

I. Introduction

II. The Right to Fair and Just Working Conditions in the Posted Workers Directive 96/71/EC

III. The Right to Take Collective Action and its Reconciliation with Economic Freedoms

IV. Final Conclusion