The EU Charter of Fundamental Rights as a Binding Instrument: Five Years Old and

Description: The EU Charter of Fundamental Rights as a Binding Instrument by Professor Sybe de Vries, Professor Ulf Bernitz, Professor Stephen Weatherill The entry into force of the Treaty of Lisbon in 2009 caused the EUs Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EUs 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. FORMAT Hardcover LANGUAGE English CONDITION Brand New Author Biography Sybe de Vries is Professor of EU Single Market Law and Fundamental Rights and the Jean Monnet Chair at the Europa Institute of Utrecht University.Ulf Bernitz is Professor of European Law at Stockholm University, director of the Stockhom Institute of European Law and director of the Oxford/Stockholm Venture in European Law.Stephen Weatherill is Professor of European Law at the University of Oxford, a Fellow of Somerville College and Deputy Director for European Law in the Oxford Law Facultys Institute of European and Comparative Law. Table of Contents Introduction: Five Years Old and Growing: The EU Charter of Fundamental Rights as a Binding Instrument Sybe de Vries, Ulf Bernitz and Stephen WeatherillPart I: The Constitutional Dimension of Fundamental Rights1. Five Years of Charter Case Law: Some ObservationsAllan Rosas2. The Relationship Between the EU and the ECHR Five Years on from the Treaty of LisbonSionaidh Douglas-Scott3. Who Decides on Fundamental Rights Issues in Europe? Towards a Mechanism to Coordinate the Roles of theNational Courts, the ECJ and the ECtHRJanneke Gerards4. Why National Constitutional Courts Should not Embrace EU Fundamental RightsJan Komárek5. The Interplay Between the Charter and National Constitutions after Å kerberg Fransson and Melloni :Has the CJEU Embraced the Challenges of Multilevel Fundamental Rights Protection?Clara RaucheggerPart II: The Scope of Fundamental Rights in EU Law6. The EU Charter of Fundamental Rights Five Years on: The Emergence of a New Constitutional Framework?Xavier Groussot and Gunnar Thor Petursson7. The Scope of the Charter and its Impact on the Application of the ECHR: The Å kerberg FranssonCase on Ne Bis in Idem in PerspectiveUlf Bernitz8. The Silence of the Charter: Social Rights and the Court of JusticeCatherine Barnard9. Much Ado About Nothing? How the EU Charter of Fundamental Rights Could Challenge PrevailingNotions of Territorial Rights and Solidarity as Regards National Social Security SystemsJaan PajuPart III: Safeguarding Fundamental Rights in Europes Internal Market10. Protecting the Internal Market from the CharterStephen Weatherill11. The EU Single Market as Normative Corridor for the Protection of Fundamental Rights: The Example ofData ProtectionSybe de Vries12. The EU Charter of Fundamental Rights and the Rights to Data Privacy: The EU Court of Justiceas a Human Rights CourtFederico Fabbrini13. Privacy and Data Protection: The Rights of Economic ActorsPeter Oliver14. Dawn Raids in Competition Cases: Do the European Commissions Dawn Raid Procedures Stand theTest of the Charter?Helene Andersson15. The Charter and the EU State Aid ProcedureJohn Temple Lang Review The editors and the authors deserve praise for their effort in producing a highly relevant and enjoyable book on the Charter five years into its existence. It contains much food for thought and is therefore a wonderful inspiration for future research. -- Tobias Lock, Lecturer in EU Law, University of Edinburgh * Yearbook of European Law *... the editors of the book have provided a broad, in-depth and succinct assessment of the post-Lisbon case law involving the Charter ... The books main advantage is the variety of issues it tackles, guaranteeing a holistic analysis. It is an example of thorough doctrinal scholarship at its best. Not only do the authors explore and critically assess the Charters impact on the EU legal order but they also deal with practical problems that the Court and national courts face in adjudication. -- Michal Krajewski * Common Market Law Review * Review Quote "The editors and the authors deserve praise for their effort in producing a highly relevant and enjoyable book on the Charter five years into its existence. It contains much food for thought and is therefore a wonderful inspiration for future research." -- Yearbook of European Law "... the editors of the book have provided a broad, in-depth and succinct assessment of the post-Lisbon case law involving the Charter ... The books main advantage is the variety of issues it tackles, guaranteeing a holistic analysis. It is an example of thorough doctrinal scholarship at its best. Not only do the authors explore and critically assess the Charters impact on the EU legal order but they also deal with practical problems that the Court and national courts face in adjudication." -- Common Market Law Review Feature This book examines key questions arising from the Charter of Fundamental Rights being granted binding effect. Details ISBN1782258256 Year 2015 ISBN-10 1782258256 ISBN-13 9781782258254 Format Hardcover Short Title EU CHARTER OF FUNDAMENTAL RIGH Language English Media Book Publication Date 2015-12-03 Pages 416 Series Number 20 Imprint Hart Publishing Subtitle Five Years Old and Growing Place of Publication Oxford Country of Publication United Kingdom Edited by Stephen Weatherill Birth 1970 UK Release Date 2015-12-03 NZ Release Date 2015-12-03 Author Professor Stephen Weatherill Publisher Bloomsbury Publishing PLC Series Studies of the Oxford Institute of European and Comparative Law DEWEY 342.24085 Audience Professional & Vocational AU Release Date 2015-12-02 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:126407293;

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