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The State of the European Union, 6: Law, Politics, and Society

Tanja A. Börzel and Rachel A. Cichowski (eds)

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.001.0001
Subject:
Political Science, European Union

This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes ... More


The EU Rights Revolution: Adversarial Legalism and European Integration

R. Daniel Kelemen

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0010
Subject:
Political Science, European Union

Examines the impact of EU institutional structure on individual rights litigation. Kelemen argues that EU institutions have encouraged a particular type of law and regulation, ‘adversarial legalism’, ... More


Europe: On the Search for its Legitimacy

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/9780199572519.003.0004
Subject:
Political Science, European Union, Democratization

This chapter addresses the legitimacy problems of the Union and how they can be alleviated. The EU, as every system of domination, is in need of justification, but this may take different forms and ... More


Rights in EU Law

Saša Beljin

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0005
Subject:
Law, EU Law

This chapter investigates the notion of EU rights, starting with a glance at the historical development of rights. This constitutes the starting point for discussions on the relationship between ... More


European Union human rights regime: from Eastern enlargement to the Lisbon Treaty and beyond

Ingi Iusmen

in Children’s rights, Eastern enlargement and the EU human rights regime

Published in print:
2014
Published Online:
September 2014
ISBN:
9780719088223
eISBN:
9781781706572
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719088223.003.0007
Subject:
Political Science, European Union

This chapter charts the key developments in areas - such as the Roma, mental health, disability and international adoption - whose profile has been augmented due to Eastern enlargement and ... 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


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 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


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


Language Law of the European Union: Protecting or Eroding Linguistic Diversity?

Bruno de Witte

in Culture and European Union Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199275472
eISBN:
9780191699825
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275472.003.0007
Subject:
Law, EU Law

Adopting a common currency among Member States of the European Union instead of using those countries' national currencies has paved the way for economic benefits and reinforced political cohesion ... More


The Negative Scope of Free Movement Law: ‘Who-Based’ Exclusions

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on the exclusionary rules that relate primarily to who can fall outside the scope of free movement. It first explains literal or definitional exclusion from the scope of the ... 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


Children’s rights, Eastern enlargement and the EU human rights regime

Ingi Iusmen

Published in print:
2014
Published Online:
September 2014
ISBN:
9780719088223
eISBN:
9781781706572
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719088223.001.0001
Subject:
Political Science, European Union

This book offers a timely exploration of the nature and scale of the emergent EU human rights regime by critically examining how and why EU intervention in human rights matters (with a key focus on ... More


Conceptual underpinnings of the EU’s commitment to human rights

Lorena Sosa and Alexandra Timmer

in The European Union and Human Rights: Law and Policy

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198814191
eISBN:
9780191904240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814191.003.0004
Subject:
Law, EU Law

Based primarily on legal and policy documents, this chapter outlines the European Union’s (EU’s) conceptions of human rights. It also identifies major conceptual challenges the EU faces in developing ... 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


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


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


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