Suchergebnisse

LL.M.(Melit.) ; Presidents of different nations used the war rhetoric when addressing their nations in justifying the implementation of drastic actions to halt the contagion of the Coronavirus. One of the main areas which is continuously being discussed on the media around the world, is that Covid-19 has led to suppression of certain liberties. Suppression of liberties raised riots and protests, as fundamental human rights were being limited. An in-depth examination will take place on whether the fundamental human rights of European citizens are being suppressed. This study shall involve a comparative examination on how Member States have reacted to the human rights conflicts arising within their nation. From such comparative approach, one would be able to evaluate the outcome of whether fundamental rights safeguarded within the European Union are being restrained. This analysis shall not only be tackling various aspects of the Charter of Fundamental Rights of the European Union, but it will also delve in other areas, for instance, it shall be tackling issues related to the fundamental freedoms. Moreover, since the European Union considers public health as one of the exceptions to the rule in relation to human rights, this dissertation will examine whether suppression of fundamental rights is inevitable in such circumstances. Keeping in mind that sometimes suppression of human rights might be unavoidable, the concepts of limitation and derogation in relation to the Charter of Fundamental Rights of the European Union shall be discussed. Although the pandemic is still evolving at the time of writing, this comparative analysis will shed light on whether Member States are complying with the Charter of Fundamental Rights of the European Union and whether such rights are being suppressed by the decisions taken by the statemen in such unprecedented circumstances. Moreover, this chapter will further discuss pit falls that Member States should avoid in truly safeguarding the fundamental rights of the European citizens. By way of conclusion, a chapter will be dedicated on the way forward and whether the current approach needs changing. ; N/A

This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment, self-employment, tenancies, and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law, using a variety of legal, historical, and theoretical perspectives. These original assessments by distinguished scholars range from claims that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level system of governance. Questions are raised about the scope of application of the Charter; its indirect but significant effect on national legal systems, especially in improving the effectiveness of EU law; and whether the rights and principles of the Charter may sometimes have direct effect on contracts by leading a court to disapply national law. Hugh Collins FBA is the Vinerian Professor of English Law, All Souls College, Oxford. 2 Intersentia Intersentia 3

Published online on 7 December 2020; Revised version available online on 7 January 2021. Single chapters available for download on 15 January 2021. ; Twenty years after its proclamation and eleven years after it gained legal force, this collection brings together for the first time the complete 'travaux préparatoires' of the Charter of Fundamental Rights of the European Union. The core collection consists of the roughly 5,000 pages of travaux préparatoires from the Convention that drafted the Charter between 1999 and 2000. In addition, it includes some of the key documents forming the roots of the Charter (such as the 1989 European Parliament Declaration) and those showing how its text and primary law framing evolved between 2003 and 2014 (notably in the 2002-3 Future of Europe Convention and 2004 and 2007 Inter-Governmental Conferences which amended the Charter and gave it legal effect). Further, it includes an analytical introduction and full Convention chronology to assist the reader in navigating the material. This compilation will prove a valuable source for scholars and practitioners alike, and ultimately aims to spark a fresh wave of interest in the drafting of the EU's core rights text. ; Foreword by former Advocate General Eleanor V. E. Sharpston -- Foreword by EUI President Renaud Dehousse; -- Analytical introduction by Niall Coghlan and Marc Steiert; -- Convention chronology with document references -- 1. The final versions of the Charter of Fundamental Rights -- 2. Key pre-Charter Convention documents -- 3. The Charter Convention travaux préparatoires -- 4. Key post-Charter Convention documents -- Annexes.

General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. This study brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy, protection of the weaker party and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, principle 7 on good faith is still an emerging principle but is gradually gaining importance.This book will allow the reader to understand and to assess the current evolution of EU civil law in days where its autonomous character is increasingly recognised in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.About this book'The topic is highly relevant these days and orders our case-law in ways that only a proficient academic like Norbert Reich is capable of doing. That effort will in turn be taken into account in the further development of the case-law.'Koen Lenaerts, Vice-President of the Court of Justice of the European Union'Professor Reich has written a book that is not merely rich and broad in ambition,but in fact genuinely ground-breaking. In identifying, explaining and analysing seven key principles of EU civil law, he has drawn us a map that will help scholars to find their way through the forbiddingly dense jungle populated by EU Treaty provisions, the legislative acquis and the Court's case law. And, in showing how proudly 'social' much of the EU's protective regulation affecting private parties truly is, he has set a tone that EU policymakers should embrace.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford'For the private lawyer, probably the most interesting recent d ...

The proclamation of the Charter for Fundamental Rights of the European Union, in December 2000 at Nice, France, followed by its inclusion within the failed Constitutional Treaty and its current status as a legally binding document under the Treaty of Lisbon, charts the changing fortunes of European Union politics dealing with fundamental rights protection. This article outlines the main rationales and hopes behind the enactment of the Charter and notes that through the process of political conditionality it may have been devalued from its very conception. The article suggests that, following their accession, Poland, and later the Czech Republic, used the Charter and Lisbon Treaty negotiations, including their opt-outs from the Charter, to engage in a game of power politics that had both domestic and European undertones. This politics of power game-play reflected a need by both states, and Poland in particular, to respond to both the political conditionality that they had been required to sign up to as part of the accession process and to emphasise how membership had improved their negotiating power. The article suggests that the consequence of this action by both states has not only further devalued the Charter but potentially undermined the rights of Polish and Czech citizens. Adapted from the source document.

Rounding off a highly innovative process of elaboration, the European Union's Charter of Fundamental Rights was officially proclaimed by the European Parliament, the Commission and the Council as planned at the Nice Summit, on 7 December 2000. According to the Cologne European Council of 3 and 4 June 1999, 'it will then have to be considered whether and, if so, how the Charter should be integrated into the treaties'. Indeed, this is one of the points which, under the terms of Declaration 23 annexed to the Nice Treaty, will have to be considered during the ongoing process of institutional reform.

This article is about national identity, political interest and the creation of international human rights regimes. Geographically, it is focused on Western Europe and the very recent process of establishing the Charter of Fundamental Rights of the European Union. Both national identity and political interest are seen as important determinants of this process, defining its discourse and outcome. The relationship between the two is complex and recursive. They influence each other to an extent that warrants seeing them as mutually constitutive. On one hand, the social, political and economic projects elites engage in have to resonate positively with dearly held elements of national identity but have also the power to modify them. Being a psychological phenomenon, on the other hand, national identity is a dynamic concept that employs common historically defined memories, traditions and customs but is also subject to the influence of the political context within which it operates.

Since 1 December 2009, the time when the Treaty of Lisbon came into force, the Charter of Fundamental Rights of the European Union (hereinafter: the EU Charter, the Charter) has been formally included in the EU legal order as primary EU law [.]

Front -- The Road to Political Democracy -- Preface -- Foreword -- Part I The Red Wire -- I.1. The Foundations of the Road to Political Democracy -- I.2. The Pavement of the Road to Political Democracy -- I.3. The Journey on the Road to Political Democracy -- Part II The Workers on and the Building Blocks of the Road to Political Democracy -- II.1. Plato -- II.2. Aristotle -- II.3. Marcus Tullius Cicero -- II.4. The Magna Carta -- II.5. Habeas Corpus Act -- II.6. Bill of Rights -- II.7. John Locke -- II.8. Voltaire -- II.9. Charles-Louis de Secondat, Baron de Montesquieu -- II.10. David Hume -- II.11. Jean-Jacques Rousseau -- II.12. Thomas Paine -- II.13. The Virginia Declaration of Rights (June 7, 1776) -- II.14. The United States Declaration of Independence, adopted by the Continental Congress -- II.15. Alexander Hamilton, James Madison, John Jay - -- II.16. The Declaration of the Rights of Man and of the Citizen, adopted by the French National Constituent Assembly -- II.17. The Bill of Rights of the United States of America, proposed by the Congress on September 25, 1789 and entered into force on December 15, 1791242 -- II.18. Thomas Paine -- II.19. Benjamin Constant -- II.20. Alexis de Tocqueville -- II.21. John Stuart Mill -- II.22. Maximilian (Max) Weber -- II.23. J.A. Schumpeter -- II.24. F. A. Hayek -- II.25. Universal Declaration of Human Rights, adopted and proclaimed by the General Assembly of the United Nations on December 10, 1948374 -- II.26. Convention for the Protection of Human Rights and Fundamental Freedoms, signed by the members of the Council of Europe on November 4, 1950, as amended by Protocols No. 11 and 14375 -- II.27. Hannah Arendt -- II.28. Isaiah Berlin -- II.29. Raymond Aron -- II.30. John Rawls -- II.31. Maurice Duverger -- II.32. Robert Nozick