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Fundamental Rights, European Private Law, and Financial Services

Olha O. Cherednychenko

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

Although it seems to be undisputed today that the harmonization of private law in the EU cannot take place without due regard for fundamental rights, many questions remain as to how and to what ... 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 Rights and Values in Human Health

Anniek de Ruijter

in EU Health Law & Policy: The Expansion of EU Power in Public Health and Health Care

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198788096
eISBN:
9780191830075
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788096.003.0002
Subject:
Law, EU Law

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a ... More


Concepts and Language of Human Rights in the EU

Jan Wouters and Michal Ovádek

in The European Union and Human Rights: Analysis, Cases, and Materials

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198814177
eISBN:
9780191923838
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814177.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter evaluates the language and concepts surrounding human rights in the EU. It begins by investigating the dichotomous language of ‘human’ and ‘fundamental’ rights. Even a brief look at the ... 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


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


The EU Constitutional Constraints on the Intrinsic Relationship of Values, Rights, and Human Health

Anniek de Ruijter

in EU Health Law & Policy: The Expansion of EU Power in Public Health and Health Care

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198788096
eISBN:
9780191830075
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788096.003.0007
Subject:
Law, EU Law

The main thrust of this last chapter is that, while the EU’s power in public health and health care is expanding, the current constitutional doctrines for constraining EU power in the field of human ... More


The Silent Revolution in EU Health Law and Policy

Anniek de Ruijter

in EU Health Law & Policy: The Expansion of EU Power in Public Health and Health Care

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198788096
eISBN:
9780191830075
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788096.003.0001
Subject:
Law, EU Law

The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a ... More


Rights and Remedies

Chantal Mak

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explores the place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis ... More


Judicial Review of Economic Policy: The EU Courts

Menelaos Markakis

in Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198845263
eISBN:
9780191880544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845263.003.0006
Subject:
Law, EU Law

This chapter seeks to unpack access to EU courts in the area of EMU, the emphasis being on the challenges facing austerity-hit litigants wishing to put their substantive case before the Court of ... 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


Adjudicating the European Social Market: Negative Constitutionalism Redux?

Oliver Gerstenberg

in Euroconstitutionalism and its Discontents

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198834335
eISBN:
9780191872433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198834335.003.0002
Subject:
Law, Constitutional and Administrative Law

At a first glance, to many observers the EU may appear to be an improbable illustration of the possibility of an extension of legitimacy and democratic justice beyond the state. In contemporary ... More


A Market-Friendly Human Rights Paradigm for Intellectual Property Rights in Europe?

Aurora Plomer

in Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198863168
eISBN:
9780191895661
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863168.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explains that in the new variants of constitutionalism, human rights are perceived as critical normative counterweights to the extension of market-friendly rights privileging the ... More


Implementation of Good Governance Principles on the European Level

Henk Addink

in Good Governance: Concept and Context

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198841159
eISBN:
9780191876653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841159.003.0016
Subject:
Law, Constitutional and Administrative Law

In this chapter the focus is on the implementation of the principles of good governance by the European Union administrative institutions and the controlling institutions like the European Court of ... More


EU Health Law & Policy: The Expansion of EU Power in Public Health and Health Care

Anniek de Ruijter

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198788096
eISBN:
9780191830075
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788096.001.0001
Subject:
Law, EU Law

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that ... More


Introduction

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/9780199244508.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This introductory chapter explains the objective of this book, which is to provide a better understanding of the forces influencing the direction and development of European Union (EU) social policy ... More


Judicial Review

Michael Schillig

in Resolution and Insolvency of Banks and Financial Institutions

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198703587
eISBN:
9780191927249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198703587.003.0006
Subject:
Law, Company and Commercial Law

The exercise of extensive powers by authorities during the recovery and resolution process may interfere with constitutionally protected fundamental rights of stakeholder in a multitude of ways. ... More


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