Respect for the Rule of Law in the Case Law of the European Court of Justice
Author : Laurent Pech
Publisher :
Page : 233 pages
File Size : 24,14 MB
Release : 2021
Category :
ISBN : 9789186107987
Author : Laurent Pech
Publisher :
Page : 233 pages
File Size : 24,14 MB
Release : 2021
Category :
ISBN : 9789186107987
Author : Carlos Closa
Publisher : Cambridge University Press
Page : 357 pages
File Size : 11,51 MB
Release : 2016-10-13
Category : Law
ISBN : 1107108888
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author : Armin von Bogdandy
Publisher : Springer Nature
Page : 478 pages
File Size : 17,94 MB
Release : 2021-01-05
Category : Law
ISBN : 366262317X
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 30,16 MB
Release : 2017-08-04
Category : Political Science
ISBN :
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author : Andrzej Jakubowski
Publisher : BRILL
Page : 528 pages
File Size : 29,77 MB
Release : 2019-05-15
Category : Law
ISBN : 9004365346
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Author : Steven Greer
Publisher : Cambridge University Press
Page : 562 pages
File Size : 15,34 MB
Release : 2018-03-29
Category : Law
ISBN : 1108647456
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author : Nanette A. Neuwahl
Publisher : BRILL
Page : 351 pages
File Size : 35,84 MB
Release : 2021-09-27
Category : Law
ISBN : 9004482423
Author : Kate Shaw
Publisher : BRILL
Page : 196 pages
File Size : 23,98 MB
Release : 2022-12-19
Category : Law
ISBN : 9004523979
In an era of Covid 19, The Court of Justice of the European Union explores how the CJEU can realise its role as guardian of the EU’s rule of law and its aftermath through the anchoring of a structured rule of law review of the public health derogation.
Author : J. G. Merrills
Publisher : Manchester University Press
Page : 354 pages
File Size : 13,98 MB
Release : 1993
Category : Civil rights
ISBN : 9780719045608
The rule of law.
Author : Vasiliki Kosta
Publisher : Bloomsbury Publishing
Page : 704 pages
File Size : 41,1 MB
Release : 2014-12-01
Category : Law
ISBN : 1782254471
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.