Protecting Human Rights in the Eu: Controversies and Challenges of the Charter of Fundamental Rights

ISBN-13: 9783642438912 / Angielski / Miękka / 2015 / 198 str.

Tanel Kerikmae

Opis

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."

Spis treści

Introduction: EU Charter as a dynamic instrument.- EU Charter: Its nature, innovative character and horizontal effect.- The Future of Universality of Rights.- The Freedom to Conduct Business and the Right to Property: The EU Technology Transfer Block Exemption Regulation and the relationship between Intellectual Property and Competition Law.- The Contribution of the European Charter of Human Rights to the Right to Legal Aid.- Gender as an Impediment of Marriage. Free Movement of Citizens and EU Charter of Fundamental Rights.- The standard of judicial review in EU competition law enforcement and its compatibility with the right to a fair trial under the EU Charter of Fundamental Rights.- European court of asylum – does it exist?.- Free movement of students in the EU.- Fundamental rights of athletes in the EU POST-LISBON.- Idolatry of Rights and Freedoms Reflections on the Autopoietic Role of Fundamental Rights within Constitutionalization of the European Union.