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The EU Charter of Fundamental Rights in the Member States

The EU Charter of Fundamental Rights in the Member States

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509940912
  • 出版时间 December 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509945641
¥1,997.50
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  • 描述 
  • 大纲 
  • 详细

    Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'?

    These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.

  • Introduction
    Jeremias Adams-Prassl and Michal Bobek
    PART I: THE FOUNDATIONS
    1. The Role of the EU Charter in the Member States
    Koen Lenaerts
    2. The EU Charter Ten Years On: A View from Strasbourg
    Siofra O'Leary
    PART II: MEMBER STATE PERSPECTIVES
    3. Austria: United in Consistent Interpretation
    Christoph Grabenwarter and Christine Pesendorfer
    4. Belgium: The EU Charter in a Tradition of Openness
    Sarah Lambrecht
    5. Bulgaria: Rays of Light in a Cloudy Sky 9
    Alexander Kornezov
    6. Czech Republic and Slovakia: Another International Human Rights Treaty?
    Adam Blisa, Pavel Molek and Katarina Šipulova
    7. The EU Charter before the French Parliament and Courts: Between (Great) Disillusion and (Little) Hope
    Laurence Burgorgue-Larsen
    8. Taking Up the European Mandate: The Charter Before German Courts
    Mattias Wendel
    9. Hungary: A Half-Hearted Look at the Charter
    Antal Berkes, Andras Jakab and Pal Sonnevend
    10. Ireland and the Charter: Ten Underwhelming Years?
    Gerard Hogan
    11. Italy: New Frontiers and Further Developments
    Silvana Sciarra and Angelo Jr Golia
    12. The Netherlands: The New Kid on the Block, Growing Pains or Growing Gains?
    Corinna Wissels and Aniel Pahladsingh
    13. Poland – The Charter of Fundamental Rights as a Last Resort?
    Krystyna Kowalik-Banczyk
    14. Portugal: Lukewarm Engagement with the Charter
    Goncalo de Almeida Ribeiro and Patricia Fragoso Martins
    15. Trials, Tributes and Tribulations: The EU Charter before the Slovenian Courts
    Matej Accetto
    16. The (Incomplete) Reception of the EU Charter of Fundamental Rights in Spain
    Daniel Sarmiento and Xavier Codina
    17. Limited But Not Inconsequential: The Application of the Charter by the Courts of England and Wales
    Lady Arden and Takis Tridimas
    PART III: SELECTED RIGHTS
    18. Article 8: The Right to Data Protection
    Orla Lynskey
    19. Article 47: The Right to an Effective Remedy and to a Fair Trial
    Kathleen Gutman
    20. Article 50: The Elusive Shape of the Ne Bis In Idem Rule
    Magdalena Lickova
    21. Article 51: The Scope of Application of the Charter
    Sara Iglesias Sanchez
    22. Article 52: Twenty-Eight Shades of Interpretation?
    Maja Brkan and Šejla Imamovic
    23. Why Article 53 of the Charter Should Ground the Application of National Fundamental Rights in Fully Harmonised Areas
    Francois-Xavier Millet
    PART IV: BROADER PERSPECTIVES
    24. References for a Preliminary Ruling and the Charter of Fundamental Rights: Experiences and Data from 2010 to 2018
    David Reichel and Gabriel N. Toggenburg
    25. The Charter as a Standard of Constitutional Review in the Member States
    Clara Rauchegger
    26. Exporting Cherries for the Cakes: The Charter of Fundamental Rightsin Domestic Courts of the EU's Neighbourhood
    Adam Lazowski
    27. Protecting Fundamental Rights Beyond the Charter: Repositioning the Reverse Solange Doctrine in Light of the CJEU's Article 2 TEU Case-Law
    Armin von Bogdandy and Luke Dimitrios Spieker
    28. The Cosmopolitan and Federal Margins of Appreciation
    Alexander Somek
    Conclusion
    Michal Bobek and Jeremias Adams-Prassl

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