The Eu Charter of Fundamental Rights: From Declaration to Binding Instrument

ISBN-13: 9789400734555 / Angielski / Miękka / 2013 / 320 str.

Giacomo Di Federico

Opis

This book reviews the multi-level system of protection of fundamental rights currently operating in Europe, discusses its constitutional implications, and assesses the impact of a binding Charter on specific areas of EU Law.

Recenzje

From the reviews:

"The book edited by Giacomo di Federico ... takes on a more specific approach and exclusively deals with the innovations brought about by the Charter of Fundamental Rights of the European Union. ... In a nutshell, this book offers an excellent first assessment of the present status of the Charter and of possible future developments in a crucial domain of EU law, both in terms of legislative action and judicial practice." (Paul Gragl, European Yearbook of Human Rights, 2011)

Spis treści

Abbreviations.- Acknowledgements.- Preface; Giacomo Di Federico.- Part I The Charter of Fundamental Rights in a broader perspective.- Chapter I The Charter of Fundamental Rights and the European Res Publica; Ola Zetterquist.- Chapter II Fundamental rights in the EU: Legal pluralism and multi-level protection after the Lisbon Treaty; Giacomo Di Federico.- Chapter III The European Charter of Fundamental Rights and the courts; Valentina Bazzocchi.- Chapter IV The European Parliament and the EU Charter of Fundamental Rights; Federico Camporesi.- Chapter V Fair trial, due process and the rights of defence in the EU legal order; Marco Borraccetti.- Chapter VI EU Member States and candidate countries facing a binding Charter of Fundamental Rights: What’s new?; Luisa Ficchi.- Part II The Charter of Fundamental Rights Applied.- Chapter VII Free movement of “needy” citizens after the binding Charter. Solidarity for all?; Federico Forni.- Chapter VIII Internal market derogations in the light of the newly binding character of the EU Charter of Fundamental Rights; Stephen James Curzon.- Chapter IX Article 47 of the EU Charter of Fundamental Rights and its impact on judicial cooperation in civil and commercial matters; Giangiuseppe Sanna.- Chapter X The Charter and the Area of Freedom, Security and Justice; Valentina Bazzocchi.- Chapter XI Social Rights in the European Union: the contribution of a binding EU Charter of Fundamental Rights; Serena Coppola.- Chapter XII The Charter of Fundamental Rights and the environment policy integration principle; Marco Lombardo.- Chapter XIII The EU Charter of Fundamental Rights and the social dimension of international trade; Valeria Bonavita.- Chapter XIV The European Charter of Fundamental Rights after Lisbon: a ‘timid’ Trojan horse in the domain of the common foreign and security policy?; Luca Paladini.- Bibliography.- Table of Cases.- Index.

Blurb

The first part of this book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The book presents an analysis of the Charter from a legal, political and practical standpoint. It further examines the activity of the European Parliament as a fundamental rights actor, 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 of the contributions in this volume 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.