Horizontal Effect Of Fundamental Rights In Eu Law
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Author |
: Eleni Frantziou |
Publisher |
: Oxford Studies in European Law |
Total Pages |
: 0 |
Release |
: 2019 |
ISBN-10 |
: 0198837151 |
ISBN-13 |
: 9780198837152 |
Rating |
: 4/5 (51 Downloads) |
Synopsis The Horizontal Effect of Fundamental Rights in the European Union by : Eleni Frantziou
This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
Author |
: Sonya Walkila |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2016 |
ISBN-10 |
: 908952181X |
ISBN-13 |
: 9789089521811 |
Rating |
: 4/5 (1X Downloads) |
Synopsis Horizontal Effect of Fundamental Rights in EU Law by : Sonya Walkila
The Court of Justice strives to interpret and apply the law in a way which contributes to a build-up of a coherent case law and conforms to fundamental rights as closely as possible. The immediate source of the jeopardising act or degree of the incurred effects should not prove decisive. Rather, the horizontal effect of fundamental rights contributes to the ‘primacy, unity and effectiveness of European Union law’. This study suggests it is feasible to consider the horizontal effect of fundamental rights in the context of EU law. However, because of the semantic and structural openness of fundamental right norms they often necessitate the deduction of a more concrete normative content. This concretization of abstract norms makes adjudicating on the basis of fundamental rights a delicate matter, since it gives great power to the courts. Where this power is extended to the area which typically falls in the sphere of private law, it grows even stronger.
Author |
: Eleni Frantziou |
Publisher |
: Oxford University Press |
Total Pages |
: 390 |
Release |
: 2019-01-31 |
ISBN-10 |
: 9780192574008 |
ISBN-13 |
: 0192574000 |
Rating |
: 4/5 (08 Downloads) |
Synopsis The Horizontal Effect of Fundamental Rights in the European Union by : Eleni Frantziou
This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
Author |
: Philip Alston |
Publisher |
: Hart Publishing |
Total Pages |
: 289 |
Release |
: 2005-02 |
ISBN-10 |
: 9781841135342 |
ISBN-13 |
: 1841135348 |
Rating |
: 4/5 (42 Downloads) |
Synopsis Monitoring Fundamental Rights in the EU by : Philip Alston
The first book to examine the creation and function of the EU Fundamental Rights Agency.
Author |
: Tanel Kerikmäe |
Publisher |
: Springer Science & Business Media |
Total Pages |
: 200 |
Release |
: 2013-08-30 |
ISBN-10 |
: 9783642389023 |
ISBN-13 |
: 3642389023 |
Rating |
: 4/5 (23 Downloads) |
Synopsis Protecting Human Rights in the EU by : Tanel Kerikmäe
Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.
Author |
: Miriam Rehbein |
Publisher |
: GRIN Verlag |
Total Pages |
: 20 |
Release |
: 2016-04-15 |
ISBN-10 |
: 9783668197923 |
ISBN-13 |
: 366819792X |
Rating |
: 4/5 (23 Downloads) |
Synopsis Do the provisions of the EUCFR produce a horizontal effect? by : Miriam Rehbein
Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, Maastricht University (Faculty of Law), course: EU Law Foundations, language: English, abstract: This paper deals with one of the most controversial issues of recent years; the horizontal application of EU fundamental rights. The growing importance of fundamental rights within the European Integration becomes especially noticeable in their increasing textualization. In 1969 the European Court of Justice in Cases showed for the first time sensitivity for Fundamental Rights in the Stauder-Case. One of the most controversial issues of recent years is the horizontal application of EU fun-damental rights. It is questionable whether fundamental rights can have an impact on private law relationships and more precisely, to what extent they are directly applicable in relations between private individuals. This topic is not just of theoretical interest, but also matters in practice. If there is no European or domestic legislation implementing fundamental rights, individuals may have problems to enforce their rights in private relationships unless those rights are directly applicable.
Author |
: Cristina Izquierdo-Sans |
Publisher |
: Springer Nature |
Total Pages |
: 298 |
Release |
: 2021-06-17 |
ISBN-10 |
: 9783030727987 |
ISBN-13 |
: 303072798X |
Rating |
: 4/5 (87 Downloads) |
Synopsis Fundamental Rights Challenges by : Cristina Izquierdo-Sans
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Author |
: Giacomo Di Federico |
Publisher |
: Springer Science & Business Media |
Total Pages |
: 327 |
Release |
: 2010-12-02 |
ISBN-10 |
: 9789400701564 |
ISBN-13 |
: 940070156X |
Rating |
: 4/5 (64 Downloads) |
Synopsis The EU Charter of Fundamental Rights by : Giacomo Di Federico
The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
Author |
: |
Publisher |
: Oxford University Press |
Total Pages |
: 3034 |
Release |
: 2024-08-07 |
ISBN-10 |
: 9780198877189 |
ISBN-13 |
: 0198877188 |
Rating |
: 4/5 (89 Downloads) |
Synopsis The EU Treaties and Charter of Fundamental Rights: A Commentary by :
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
Author |
: Wolfgang Heusel |
Publisher |
: Springer |
Total Pages |
: 396 |
Release |
: 2019-07-16 |
ISBN-10 |
: 9783662588413 |
ISBN-13 |
: 3662588412 |
Rating |
: 4/5 (13 Downloads) |
Synopsis The Authority of EU Law by : Wolfgang Heusel
This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.