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Research Handbook on EU Law and Human Rights

Research Handbook on EU Law and Human Rights

Author: Sionaidh Douglas-Scott
Publisher: Edward Elgar Publishing
ISBN: 9781782546399
Published In: July 2017
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 Research Handbook explores the principles underlying 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.

Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action.

Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policy makers, NGO and government officials.
PART I: THE FRAMEWORK1. Fundamental rights as a political myth of the EU: can the myth survive?Stijn Smismans2. The pluralism of European fundamental rights lawKaarlo Tuori3. The Charter of Fundamental Rights and the EU’s ‘creeping’ competences: does the Charter have a centrifugal effect for fundamental rights in the EU?Sybe A. de Vries4. The right to move and reside: disentangling the dual dynamics of fundamental rights in EU citizenship lawNiam Nic Shuibhne5. EU fundamental rights and political citizenshipLamin Khadar6. Administrative law and fundamental rightsAlexander H. Türk7. EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European UnionAlison L. Young8. Remedies under the EU Charter of Fundamental RightsAngela Ward9. EU fundamental rights in a devolved United KingdomAidan O’Neill
PART II: BEYOND THE EUROPEAN UNION10. Fundamental rights in the European Court of Justice and the European Court of Human RightsMarta Cartabia and Stefania Ninatti11. The EU before the European Court of Human Rights after accessionTobias Lock12. Respect for human rights as a general objective of the EU’s external actionAnnabel Egan and Laurent Pech13. Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international lawKatja S. Ziegler
PART III: EU ACTION AND NEW DIRECTIONS IN FUNDAMENTAL RIGHTS14. Fundamental rights and fundamental values in the old and new EuropeMichal Bobek15. Weak right, strong Court - The freedom to conduct business and the EU Charter of Fundamental RightsXavier Groussot16. Fundamental rights in the application of competition law in the EUVincent Smith17. The internal market and fundamental rightsStephen Weatherill18. Data protection, privacy and the foreignerElspeth Guild19. Digital freedom of expression in the EULorna Woods20. The European Arrest Warrant and fundamental rightsMassimo Fichera21. Immigration, asylum and human rights in the European UnionSteven Peers22. EU human rights law and environmental protection: the beginning of a beautiful friendship?Sanja Bogojevi?23. EU fundamental rights and the financial crisisJames Fraczyk24. EU law and social rightsSionaidh Douglas-Scott and Nicholas Hatzis
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