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The Fragmented Landscape of Fundamental Rights Protection in Europe

Author: Lorenza Violini
Publisher: Edward Elgar Publishing
ISBN: 1786436051
Category : Law
Languages : en
Pages :

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Book Description
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.

The Fragmented Landscape of Fundamental Rights Protection in Europe

Author: Lorenza Violini
Publisher: Edward Elgar Publishing
ISBN: 1786436051
Category : Law
Languages : en
Pages :

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The Internet and Constitutional Law

Author: Oreste Pollicino
Publisher: Routledge
ISBN: 9780367597153
Category :
Languages : en
Pages : 264

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Book Description
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. It addresses the European Court of Human Rights and the European Court of Justice case law, before going on to explore Constitutional or Supreme Courts' decisions in individual jurisdictions in Europe

The Protection of Fundamental Rights by the Constitutional Court

Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287129604
Category : Political Science
Languages : en
Pages : 313

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Book Description
Mr Nikolai V. VITROUK.

Rights Before Courts

Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9781402030062
Category : Education
Languages : en
Pages : 404

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Book Description
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world

The Relations between the German Constitutional Court, the Court of Justice of the European Communities and the European Court of Human Rights in light of Human Rights Protection

Author: Marija Stambolieva
Publisher: GRIN Verlag
ISBN: 365626872X
Category : Law
Languages : en
Pages : 59

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Book Description
Master's Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1 , University of Hamburg (Europa Kolleg Hamburg), language: English, abstract: The purpose of this paper is to examine the various interactions among the various courts, the different levels of interaction and the implications to the individual. [...] The modern system or systems of protection of human rights in Europe have been developing together with, as well as within the processes of European integration. These processes started on an intergovernmental level, by the founding of the Council of Europe in 1949, after the end of the Second World War, with the main intention to prevent future devastations and severe violations of human rights in Europe. In 1950 the Member States of the Council of Europe committed to respecting the rights and values expressed in the European Convention on Human Rights (in further text ECHR). The implementation and continuous respect of the ECHR is monitored by the European Court of Human Rights (in further text ECourtHR), according to the criteria set forth by international law. Parallel to that process, another one, mainly in the field of economic integration, was marked by the establishment of the European Coal and Steel Community in 1952, the European Atomic Energy Community and the European Economic Community in 1957 (in further text the European Community/Communities or EC). By “limitation of sovereignty or a transfer of powers from the states to the community”, a new “legal system” was created, which “by contrast with ordinary international treaties (...) on the entry into force of the treaty, became an integral part of the legal systems of the member states”1. Thus, in the frameworks of its role as gatekeeper of Community law, the European Court of Justice (in further text ECJ) confirmed the creation of a new sui generis organization. [...] 1 ECJ, Case C-6/64, Costa/E.N.E.L., [1964], I-00585, point 3.

Human Rights and the Private Sphere vol 1

Author: Jörg Fedtke
Publisher: Routledge
ISBN: 1134099789
Category : Law
Languages : en
Pages : 608

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Book Description
Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

The German Federal Constitutional Court

Author: Matthias Jestaedt
Publisher: Oxford University Press, USA
ISBN: 0198793545
Category : Law
Languages : en
Pages : 257

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Book Description
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

European Fundamental Rights and Freedoms

Author: Dirk Ehlers
Publisher: Walter de Gruyter
ISBN: 3110971968
Category : Law
Languages : en
Pages : 644

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Book Description
The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important.

European Constitutional Courts towards Data Retention Laws

Author: Marek Zubik
Publisher: Springer Nature
ISBN: 3030571890
Category : Law
Languages : en
Pages : 384

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Book Description
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive. Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention. This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.

Inter-court Relations

Author:
Publisher:
ISBN:
Category : Constitutional courts
Languages : en
Pages : 214

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Book Description