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.

The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

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Release : 2014-04-30
Genre : Law
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Book Rating : 442/5 ( reviews)

The European Human Rights Culture - A Paradox of Human Rights Protection 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 The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? write by Nina-Louisa Arold Lorenz. This book was released on 2014-04-30. The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? available in PDF, EPUB and Kindle. The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

Human Rights Law in Europe

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Release : 2014-03-21
Genre : Law
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Book Rating : 862/5 ( reviews)

Human Rights Law 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 Human Rights Law in Europe write by Kanstantsin Dzehtsiarou. This book was released on 2014-03-21. Human Rights Law in Europe available in PDF, EPUB and Kindle. This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Release : 2017-08-04
Genre : Political Science
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Protecting the right to freedom of expression under the European Convention on Human Rights - 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 the right to freedom of expression under the European Convention on Human Rights write by Bychawska-Siniarska, Dominika. This book was released on 2017-08-04. Protecting the right to freedom of expression under the European Convention on Human Rights available in PDF, EPUB and Kindle. European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The European Union and Human Rights

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Release : 2021-09-27
Genre : Law
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Book Rating : 423/5 ( reviews)

The European Union and Human Rights - 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 The European Union and Human Rights write by Nanette A. Neuwahl. This book was released on 2021-09-27. The European Union and Human Rights available in PDF, EPUB and Kindle.