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European Fundamental Rights and Freedoms
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. In additio...
European Citizenship after Brexit
This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected ...
The Substantive Law of the EU
Recoge: 1. Free movement of goods - 2. Free movement of persons and services - 3. Free movement of capital - 4. Completing the single market.
Freedom and the Construction of Europe
Freedom, today perceived simply as a human right, was a continually contested idea in the early modern period. In Freedom and the Construction of Europe an international group of scholars explore the richness, diversity and complexity of thinking about freedom in the shaping of modernity. Volume 1 examines debates about religious and constitutional liberties, as well as exploring the tensions between free will and divine omnipotence across a continent of proliferating religious denominations. Debates about freedom have been fundamental to the construction of modern Europe, but represent a part of our intellectual heritage that is rarely examined in depth. These volumes provide materials for thinking in fresh ways not merely about the concept of freedom, but how it has come to be understood in our own time.
The Price of Freedom
The Price of Freedom surveys and explains the fascinating and intricate history of East Central Europe - the present day countries of the Czech Republic, Hungary, Poland and Slovakia. Taking a thematic approach, the author explores such issues and controversies as the tension between the industrial developed West and the agrarian East Central Europe, the rise of modern nationalism, democracy and authoritarianism and Communism. While the countries of East Central Europe have differed dramatically from one another, the author asserts that they have been bound by a certain community of fate. These comparisons are traced through the Middle Ages and the Early Modern era to the nineteenth and twen...
Social Rights and Market Freedom in the European Constitution
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.
Freedom of Establishment for Companies in Europe (EU/EEA).
This cahier provides an overview of the freedom of establishment, one of the four freedoms central to the European Union?s single market. The book first contextualizes corporate mobility within a broader economic discussion on market access before turning to the private international law dilemmas posed by legal entities moving across borders. Next, the foundational work done to include the freedom of establishment in EU legislation is explained. The book then presents the limitations that can be imposed on this freedom and the growing body of CJEU case law that has interpreted the scope of these limitations, thereby providing the contours of the freedom of establishment itself. The book subs...
Freedom of Speech
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) ...
