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Rights

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0016
Subject:
Law, EU Law, Constitutional and Administrative Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


Rights, Legality, and Legitimacy

Paul Craig

in The Lisbon Treaty: Law, Politics, and Treaty Reform

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199595013
eISBN:
9780191729508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595013.003.0006
Subject:
Law, EU Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


Chartering Europe

Erik O. Eriksen

in The Unfinished Democratization of Europe

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572519
eISBN:
9780191722400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572519.003.0005
Subject:
Political Science, European Union, Democratization

The EU's Charter of Fundamental Rights is a means to secure the interests and the diverse values of the citizens of Europe. It denotes the EU as a union of citizens and not merely as a common market. ... More


Rights

Paul Craig

in EU Administrative Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296811
eISBN:
9780191700811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296811.003.0014
Subject:
Law, EU Law

This chapter analyses the role of rights in the Community legal order and their impact on judicial review. It begins with a discussion on the ... More


Fundamental Rights and EU Enlargement

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0003
Subject:
Law, EU Law, Philosophy of Law

One of the central aspects of the move towards constitutionalizing the EU was the adoption of the Charter of Fundamental Rights. There is an important ‘enlargement dimension’ to the Charter. In ... More


From Lisbon to Lisbon—Europeanization through Constitutionalism

Kenneth A. Armstrong

in Governing Social Inclusion: Europeanization through Policy Coordination

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199278374
eISBN:
9780191594861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278374.003.0007
Subject:
Law, EU Law

It was to the ‘constitutional’ process of the Constitutional and subsequent Lisbon Treaty that many observers looked for an articulation of the EU's social identity. This chapter argues that ... More


The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0007
Subject:
Law, Human Rights and Immigration

This chapter will catalogue the multiple ways in which human rights penetrate the EU legal order and the different functions they play qua (internalised/’Europeanised’) ‘fundamental rights’, both as ... More


The Evolution of Consumer Protection and Human Rights

Iris Benöhr

in EU Consumer Law and Human Rights

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199651979
eISBN:
9780191747885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651979.003.0003
Subject:
Law, EU Law, Company and Commercial Law

This chapter explores the intersection of consumer protection and human right. Recent years have seen a progressive convergence of fundamental rights and consumer protection in EU law. This chapter ... More


General principles and equal treatment

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter sets out the role of the general principles in the Union legal order and the sources of those principles. A discussion of the anti-discrimination provisions of the European Convention on ... More


Disentangling Fundamental Rights and Market Freedoms

Turkuler Isiksel

in Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198759072
eISBN:
9780191819698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198759072.003.0004
Subject:
Law, EU Law

This chapter addresses the EU’s regime of individual rights in light of its idiosyncratic distinction between fundamental rights and fundamental freedoms. Although the EU constitutes an autonomous ... More


European Union Law and Policy: Balancing Paid Employment and Unpaid Care within a Market Order

Nicole Busby

in A Right to Care?: Unpaid Work in European Employment Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579020
eISBN:
9780191725296
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579020.003.0005
Subject:
Law, Employment Law

This chapter considers the ‘fit’ of the proposed right to care within the pre-existing EU legal and policy framework. The appropriate body of law and policy aimed at reconciling personal and ... More


Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0016
Subject:
Political Science, European Union

The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in ... More


Social Rights in Europe

Gráinne de Búrca, Bruno de Witte, and Larissa Ogertschnig (eds)

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.001.0001
Subject:
Law, EU Law

Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe. The debate over the justiciability of social rights in the EU's ... More


Social and Labour Rights under the EU Constitution

Brian Bercusson

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0009
Subject:
Law, EU Law

This chapter addresses the recurrent question of justiciability, and, relatedly, indivisibility, tackling the question of social rights under the new, although now ill-fated European Union ... More


European Social Policy: Between Market Integration and Social Citizenship

Mark Bell

in Anti-Discrimination Law and the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.003.0002
Subject:
Law, Human Rights and Immigration, EU Law

This chapter discusses the two dominant and alternative models of European social policy. These are the market integration model and the social citizenship model. This chapter considers that the ... More


European Fundamental Rights and Intellectual Property

Ansgar Ohly

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyses the impact of European fundamental rights on intellectual property. First it outlines the European human rights systems. Secondly the author analyses to what extent ... More


EU Data Protection Law: The Review of Directive 95/46/EC and the General Data Protection Regulation

Peter Hustinx

in New Technologies and EU Law

Published in print:
2017
Published Online:
July 2017
ISBN:
9780198807216
eISBN:
9780191844935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198807216.003.0005
Subject:
Law, EU Law

This chapter looks at the origins and the current state of EU data protection law, and highlights the context of the ongoing review of Directive 95/46/EC as its key instrument, as well as the main ... More


Muslims and Religious Discrimination: Eu Law and Policy

H. A. Hellyer

in Muslims of Europe The ‘Other’ Europeans

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748639472
eISBN:
9780748671342
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748639472.003.0006
Subject:
Religion, Islam

In the European Union (EU), respect for demographic minorities is considered a priority that it has become a prerequisite for accession to the EU, and member states are subject to a number of legal ... More


The Impact of the EU Human Rights System on Operations of Private Military and Security Companies

Ieva Kalnina and Ugis Zeltins

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter assesses the impact of the activities carried out by PMSCs on the enjoyment of human rights under the European Union's (EU) human rights regime. It argues that the state of nationality ... More


The Protection of Fundamental Rights: The European Court of Justice (ECJ) Key Contribution to European Union (EU) Constitutional Developments*

Antonio Tizzano

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE: Global Trends: Law, Policy & Justice Essays in Honour of Professor Giuliana Ziccardi Capaldo

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199332304
eISBN:
9780190259815
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199332304.003.0005
Subject:
Law, Public International Law

This chapter discusses the unique contribution of the European Court of Justice (ECJ) to the development of the EU legal order as a community of principles and values. It demonstrates how fundamental ... More


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