Suchergebnisse

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in the Netherlands. It examines human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future.

The European Union undergoes several qualitative transformations. Today it faces major demographic changes, the distance between the EU and national states is growing because of Brexit and high rates of immigration to Europe. The configuration of mainstream parties is also transforming in an unpredictable way. All these processes bring the phenomenon of right-wing populism to the forefront of political life of the European Union. This phenomenon was an answer both to internal andexternal challenges. The aim of the article is to identify the components of right-wing populism using the examples of some memberstates, to show its threats and risks, as well as ways to minimize the impact of this phenomenon on all aspects of the EU life. To achieve this goal, party programs (primarily right-wing populist ones), national and European elections data, materials from the Eurobarometer and other public opinion services, speeches and interviews of leading politicians, and other materials are used. The methodological approach is based on the principles of interdisciplinarity. The authors used comparative-typological, functional and structural methods. The problems of immigration and Islamophobia in the EU are explained with the help of the civilizational concept of A.J. Toynbee. The structure of the article provides the study of the phenomenon of right-wing populism through such indicators as separation of elites from the population (including European democracy and lack of democracy), immigration (and Islamophobia), as well as the EU identity. The article provides a detailed analysis of the member- state cases including the United Kingdom, Austria, Germany, Italy, France, Sweden, the countries of Eastern Europe and others. The authors conclude that right-wing populism has dual nature, its significance in individual countries of the European Union increases, and it is deeply integrated into the party and parliamentary mechanism of European democracies.

Cover -- Title Page -- Foreword -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation -- Table of Institutional Documents -- Introduction -- I. Aims and Scope of this Book -- II. Structure and Outline of Chapters -- PART I THE NEW EUROPEAN FUNDAMENTAL RIGHTS ARCHITECTURE -- 1. The Development of EU Fundamental Rights Law -- I. Introduction -- II. The Creation of the European Community and the Silence on Human Rights -- III. Fundamental Rights as General Principles of EU Law -- IV. Fundamental Rights Protection in Post-Lisbon Europe -- V. Some Reflections on the Role and Place of Fundamental Rights in EU Law -- VI. Conclusion -- 2. A European Web of Human Rights Regimes: The EU, the ECHR and the National Legal Systems -- I. Introduction -- II. EU Law, the ECHR and the Strasbourg Court -- III. EU Law, the ECHR and the Luxembourg Court -- IV. Recent Developments in the Relationship between the Strasbourg and Luxembourg Courts -- V. EU Law, the ECHR and National Courts -- VI. Conclusion -- PART II CONVERGENCE AND CONFLICTS IN EUROPEAN FUNDAMENTAL RIGHTS STANDARDS -- 3. Case Study I: The Dublin System -- I. Introduction -- II. Mutual Trust and Recognition in the AFSJ -- III. The Dublin System -- IV. The Evolving Case Law on Dublin Transfers - A Retrospective Outlook -- V. The Systemic Deficiencies Criteria and the Limits to Mutual Trust -- VI. Conclusion -- 4. Case Study II: The European Arrest Warrant -- I. Introduction -- II. European Arrest Warrant -- III. Validity Challenge in Abstracto -- IV. The Fundamental Rights/Mutual Trust Nexus -- V. The Aftermath of Aranyosi and Căldăraru -- VI. The EAW and Independence of the Judiciary -- VII. Execution of the EAW and Compliance with Fundamental Rights - in Search of Guidelines for National Courts -- VIII. Conclusion.

Introduction -- The development of EU Fundamental Rights Law -- A European web of human rights regimes : the EU, the ECHR and the national legal systems -- Case Study I : the Dublin System -- Case Study II : the European arrest warrant -- Conflict rules in national, European and international law -- Scenarios from the member states -- Conclusion - a brief overview of the argument and its limitations.

"This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts"--

Introduction -- An overview of human rights protection with the EU -- The key points of criticism -- The question of competences: the ECJ and the national courts -- The ECJ and the UN regime -- The relationship of the ECJ to the ECtHR -- A model for human rights protection in the European Union

"This book analyses the new architecture of EU fundamental rights law after the entry into force of the Lisbon Treaty. It examines the tensions and conflicts between the case law of the CJEU and the ECtHR from the point of view of national courts. The extensive case law analysis allows for a deep understanding of what the courts do and why. This is a welcome addition to EU fundamental rights literature."--

LL.M.(Melit.) ; The digital economy, which is characterised by the digitisation of production and the advent of digitised products, has to rely on the commercialisation of data and is challenging regulators across the globe. This data treatment brings many new challenges in terms of data privacy and protection of competition that need to be considered in several areas of law, particularly DP, consumer, privacy and competition law. Thus, personal data has become the object of trade in the digital economy, and companies compete to acquire and process these data. This competition is subject to the application of competition law. However, personal data are also protected through DP laws and the European Union Charter rights to data protection and privacy. This dissertation determines the relationship between these data protection and competition law frameworks. If data protection and competition law have different objectives, they have also interconnections. In this respect, this work acknowledges their distinct methods and aims, identifies their common grounds, and highlights current examples that have emerged to create a personal data-conscious competition policy. Furthermore, this dissertation argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative factor when assessing non-price competition. Data protection can thus act as a constraint on competition law. ; N/A

This paper represents a first approach to the acoustical regulations in some European Union countries. It is only considered the case of dwellings in Residential Buildings.The analysis is limited to the comparison of the different indexes used in the several countries. Some examples illustrate the enormous differences in philosophy and requirements of the different Regulations that were analysed.The conclusions emphasize the need to begin the preparation of a common code that could be used as a European Union Regulation in the field of Building Acoustics.

Reforming the Common European Asylum System: The New European Refugee Law -- Copyright -- Contents -- PART 1: Introduction -- 1: The Common European Asylum System: Bric-à-brac or System? -- 2: The Complex Relationship of Asylum and Border Controls in the European Union -- 3: Negotiating the Second Generation of the Common European Asylum System Instruments: A Chronicle -- 4: A Common European Asylum System under Construction: Remaining Gaps, Challenges and Next Steps -- PART 2: The Dublin Regulation -- 5: The Dublin III Regulation: A New Legal Framework for a More Humane System?