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The EU Charter of Fundamental Rights as a Binding Instrument
The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.
The Protection of Fundamental Rights in the EU After Lisbon
The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The fi...
Civil Rights and EU Citizenship
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies ...
Democratic Empowerment in the European Union
This book looks at democratic empowerment via institutional designs that extend the political rights of European citizens. It focuses on three themes: first, the positive and negative effects of the European Union institutional design on the political rights of its citizens; second, challenges for democratic regimes across the world in the 21st century in the context of regionalism and globalization; third, the constraints of neoliberalism and capitalist markets on the ability of citizens to effectively achieve their political rights within the Union.
Moving Beyond Barriers
This book identifies, analyses and compares a variety of possible ‘barriers’ to the exercise of European citizenship and discusses ways to move beyond these barriers. It contributes in a multi-disciplinary way to a highly topical issue and offers new perspectives on EU citizenship in the sense that it critically analyses concepts of citizenship, the way EU citizenship is politically, legally and socially institutionalized, and elaborates alternatives to the current paths of realizing EU citizenship.
EU Citizens’ Economic Rights in Action
Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome. Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With...
The Implementation of the EU Services Directive
The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.
The Internal Market Ideal
The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.
Reconsidering EU Citizenship
25 years after the introduction of EU citizenship this book reconsiders its contradictions and constraints as well as promises and prospects. Analyzing a disputed concept and evaluating its implementation and social effects Reconsidering EU Citizenship contributes to the lively debate on European and transnational citizenship. It offers new insights for the ongoing theoretical debates on the future of EU citizenship – a future that will be determined by the transformative path the EU is going to take vis à vis the centrifugal forces of the current economic and political crisis.
General Principles of EU Law and the Protection of Fundamental Rights
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
