Suchergebnisse

The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States, and its positioning vis-a-vis fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their position vis-a-vis one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.

The chapter analyses the relationship between regular migrants' integration and economic and social development, in light of EU migration law and policies. A specific attention is paid to integration conditions, which is aimed at providing the migrants tools necessary to be actively in the economic and political life of the hosting Member State. Both EU secondary law and national legislations provide for various forms of integration conditionality. The failure to fulfill the integration requirements imposed at national level may result in a restriction of the rights provided by EU law. However, such conditions must respect the general principles of the EU legal order, principle of equality and principle of proportionality in primis. In fact, integration conditionality measures must favour social inclusion rather than selecting migrants deserving a chance.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.