The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)

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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, a...

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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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Ministers of Justice in Comparative Perspective - Natalie Fox, Piotr Mikuli, Radosław Puchta - eBook (9789462741904)
Ministers of Justice in Comparative Perspective - Natalie Fox, Piotr Mikuli, Radosław Puchta - eBook (9789462741904)
This book analyses the institution of Minister of Justice in the constitutional systems of several European countries: the United Kingdom, Ireland, Germany, Austria, France, Italy, and Poland. The research was based on the hypothesis that the Minister of Justice is, in fact, inessential, because the institution is to a large extent incompatible with the principles of the separation of powers and the independence of the judiciary. Certain competences currently assigned to this institution might be allocated to other bodies and departments, including those that function as part of the government (the Cabinet), without any prejudicial effect on the functioning of the state. The book is aimed at academics in the field of comparative constitutional law. Piotr Mikuli, Ph.D. (habil.), is a professor at the Jagiellonian University in Kraków and head of the Chair in Comparative Constitutional Law. His interests include constitutional and administrative justice, political systems and constitutio…
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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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Freedom and its enemies 9 - eBook (9789462743793)
Freedom and its enemies 9 - eBook (9789462743793)
Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time,liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.Freedom and Its Enemies reflects on the demise of liberty from the perspective of political practice and through the lenses of political theory, constitutional law and human rights. The authors contemplate key problems from the broader perspective of constitutionalism and liberty, address the tension between liberty and dignity, and bring case studies on particularly challenging issues to the discussion.The sheer depth and richness of the contributions in this collection make this volume a useful roadmap for a much needed dialogue.
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In Courts We Trust
In Courts We Trust
In this farewell speech on the occasion of his retirement as Professor of Comparative Constitutional Law at Maastricht University, given in March 2022, Aalt Willem Heringa discusses the too often ignored role of courts as interpreters of statutes. The courts, by checking the (constitutional) quality of statutes, contribute to the rule of law and parliamentary democracy. Independent courts may add to the confidence in a constitutional and parliamentary system as a whole, by being in a position to decide cases on contentious issues as an authoritative third branch of government. Moreover, courts can also make it visible to all that not only are citizens bound by the law, but that rules and fundamental principles also apply to politicians. Being subject to legal rules is not an indication of weakness, as politicians often want us to believe. On the contrary, it is an expression of strength: the strength of the safeguards for the proper functioning of our political system, which is embedde…
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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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Rule of Law: Sustainability and Mutual Trust in a Transforming Europe
Rule of Law: Sustainability and Mutual Trust in a Transforming Europe
The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen. Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and policy debates, so that mutual trust and mutual recognition, the principle guiding EU criminal cooperation, are firmly grounded in the framework of defending and sustaining the inextricably linked values of democracy, the protection of fundamental rights and the rule of law. The inaugural lecture, just like the award of the Chair, is a testament to Professor Bárd’s immense contribution towards understanding and defending the rule of law in Europe in challenging times. Professor Valsamis Mitsilegas
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Houses, Homes and the Law - eBook (9789460942235)
Houses, Homes and the Law - eBook (9789460942235)
This book is the result of the successful collaboration between two research networks: the Housing Law Working Group of the European Network for Housing Research (ENHR) and the TENLAW research network. It deals with evictions, their social background and regulation under procedural and human rights law; housing problems of indigenous and ethnic minorities and immigrants; the relationship between landlords, tenants and agents and the private rental sector; housing satisfaction and the instruments and models to measure it; and fi nally national instances of the European housing crises in Spain, Germany and Romania. The contributions in this volume will further enhance the understanding of housing law and rights, and provide useful materials for future comparative analysis. Houses, Homes and the Law is the third volume in the series that seeks to examine the many facets of housing law from a variety of academic and professional perspectives.
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Cross-border evidence gathering - Marloes C. van Wijk - eBook (9789462747395)
Cross-border evidence gathering - Marloes C. van Wijk - eBook (9789462747395)
In order to develop an Area of Freedom, Security and Justice, the European Union is adopting measures to enhance international cooperation in criminal matters among the police and judicial authorities of its Member States. The adopted instruments concerning evidentiary matters, such as the gathering of evidence in another EU Member State, seem to serve the main purpose of assisting the authorities in investigating and prosecuting (cross-border) crime. This raises the question to what extent the defence is also given the possibility to gather information and materials in another EU Member State with the aim of preparing and presenting its case at trial and, in particular, whether the current (EU) legal framework on cross-border evidence gathering meets the requirements of the principle of equality of arms. This book addresses these questions by, first of all, discussing the application of the principle of equality of arms, as enshrined in both Article 6 ECHR and Article 47 CFR, in cross…
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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 patterns addressing the question of inquiry in a multilevel constitutional architecture.

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