Fundamental Rights Challenges

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Release : 2021-06-17
Genre : Law
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Book Rating : 98X/5 ( reviews)

Fundamental Rights Challenges - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fundamental Rights Challenges write by Cristina Izquierdo-Sans. This book was released on 2021-06-17. Fundamental Rights Challenges available in PDF, EPUB and Kindle. 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 It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary.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.

Fundamental Rights in Europe

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Release : 2014-02
Genre : Law
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Book Rating : 043/5 ( reviews)

Fundamental Rights in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fundamental Rights in Europe write by Federico Fabbrini. This book was released on 2014-02. Fundamental Rights in Europe available in PDF, EPUB and Kindle. This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.

Protecting Human Rights in the EU

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Release : 2013-08-30
Genre : Law
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Book Rating : 023/5 ( reviews)

Protecting Human Rights in the EU - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Protecting Human Rights in the EU write by Tanel Kerikmäe. This book was released on 2013-08-30. Protecting Human Rights in the EU available in PDF, EPUB and Kindle. 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.

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

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Release : 2020-02-25
Genre : Law
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Book Rating : 286/5 ( reviews)

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union write by Sergio Carrera. This book was released on 2020-02-25. Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union available in PDF, EPUB and Kindle. This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Constitutional Challenges in the Algorithmic Society

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Release : 2021-12-02
Genre : Law
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Book Rating : 923/5 ( reviews)

Constitutional Challenges in the Algorithmic Society - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Challenges in the Algorithmic Society write by Hans-W. Micklitz. This book was released on 2021-12-02. Constitutional Challenges in the Algorithmic Society available in PDF, EPUB and Kindle. New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.