Remedies for Human Rights Violations by the European Union

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Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within t...

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Remedies for Human Rights Violations by the European Union
Remedies for Human Rights Violations by the European Union
Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within the EU’s legal system and beyond. The first Part of the book highlights the significant challenges in the process of claiming remedies for human rights violations committed by the EU. Part II examines the increasing significance of the remedy provided by the principle of non-contractual liability in the framework of EU human rights law. Part III goes a step beyond and examines potential remedies in the sphere of international law, both as an alternative to the EU’s legal system and additional protection. The book contains a comprehensive analysis of substantial and procedural, EU and international, law. It is a detailed and informed handbook f…
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Human rights for victims of non-state crime - Anna Wergens - Paperback (9789462401853)
Human rights for victims of non-state crime - Anna Wergens - Paperback (9789462401853)
Parallel to the dynamic evolvement of human rights law, the last decades have seen the development and adoption of numerous victims' rights instruments. Against the backdrop of rights proliferation and the victims' rights movement, this thesis discusses whether the rhetoric which increasingly connects victims of non-state crime with human rights is defensible. Departing from the perception of victims' rights and human rights as separate fields, two dimensions of this discourse is addressed; the impact of human rights on victims and the claim that victims' rights are human rights. In analyzing these questions, the development of human rights law, the fundamental human rights principles and the rights-concept have served as reference points for the discussion. The thesis describes the development which has made it possible to talk about victims as a matter of human rights and which has made human rights law gradually more responsive to the situation of victims. By exploring case la…
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The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)
The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)
It is out of the question that nowadays the European competence to defend rule of law and human rights against Member States is one of the core issues of the ‘European project’. In the last decade, the EU institutions have made several, benevolent but feeble, attempts to enforce rule of law and human rights requirements. Though EU law’s approach, at least at first glance, might appear to be idiosyncratic, it is far from unprecedented and, as far as multilevel constitutionalism is concerned, EU law may draw on the experiences of various regimes where centralized human rights protection and national (state) constitutional identities coexist. Comparative federalism provides an array of experiences, solutions and techniques, which help the European integration to grasp and address the diagonal enforcement of human rights and to take stock of its solutions. This volume addresses the EU’s human rights problem from a comparative perspective and explores the constitutional and jurisprudential …
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Prudential regulation of investment firms in the European Union - Paperback (9789013163940)
Prudential regulation of investment firms in the European Union - Paperback (9789013163940)
As of June 2021, a new regulatory regime for investment firms will come into force. What are the building blocks of the past and present legislation and how should they be interpreted? What risks do investment firms face and are these adequately addressed in the new regime? This publication discusses these questions in detail. Traditionally, the prudential regulatory response for investment firms in the European Union has been closely linked with the prudential regulatory response for banks. However, as the actual risk profile of these types of enterprises can differ significantly, the European Commission voiced the need for a new regulatory regime tailored to investment firms. Therefore, as of June 2021, new legislation will come into place for all investment firms within the European Union. Prudential regulation of investment firms in the European Union discusses the risk profile of investment firms. What are the typical risks an investment firm is exposed to when providing investmen…
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Productomschrijving

Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within the EU’s legal system and beyond. The first Part of the book highlights the significant challenges in the process of claiming remedies for human rights violations committed by the EU. Part II examines the increasing significance of the remedy provided by the principle of non-contractual liability in the framework of EU human rights law. Part III goes a step beyond and examines potential remedies in the sphere of international law, both as an alternative to the EU’s legal system and additional protection. The book contains a comprehensive analysis of substantial and procedural, EU and international, law. It is a detailed and informed handbook for students, academics and practitioners alike.

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