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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...
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.
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.
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.
The Implementation of the EU Services Directive
The EU Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts in governments, trade and industry, as well as to the general public. This book analyses in detail the different steps taken by each of 26 EU Member States (all but Greece) 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 ...
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.
Shifting Centres of Gravity in Human Rights Protection
This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part tak...
Protection of Foreign Investments in an Intra-EU Context
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
