European Fundamental Rights and Freedoms
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European Fundamental Rights and Freedoms

  1. 644 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

European Fundamental Rights and Freedoms

About this book

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.

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Yes, you can access European Fundamental Rights and Freedoms by Dirk Ehlers, Ulrich Becker, Et al., Dirk Ehlers in PDF and/or ePUB format, as well as other popular books in Law & Civil Rights in Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
De Gruyter
Year
2011
Print ISBN
9783899494464
eBook ISBN
9783110971965
Edition
1
Topic
Law
Subtopic
Civil Rights in Law
Index
Law
gards
the
future
state
of
the
law
cf
Article
III-365(4)
DC
(individuals
will,
inter
alia
,
be
able
to
institute
proceedings
against
a
regulatory
act
which
is
of
direct
concern
to
the
in-
dividual
and
does
not
require
implementing
measures).
2.
Protection
of
the
Fundamental
Freedoms
through
Proceedings
Instituted
by
the
Commission
or
by
the
Member
States
Not
only
individuals
personally
affected
by
a
violation
but
also
the
Commission
can
en-
sure
the
observance
of
the
fundamental
freedoms
on
the
part
of
the
Member
States
by
instituting
an
infringement
procedure
under
Article
226
of
the
TEC
(Article
III-360
DC).
Similarly,
the
Member
States
are
able
to
bring
an
action
before
the
ECJ
(Article
227
TEC/Article
III-361
DC)
if
they
consider
that
another
Member
State
has
violated
the
fundamental
freedoms.
The
institutions
of
the
EC
as
well
as
the
Member
States
can
also
bring
an
action
for
annulment
under
Article
230(2)
and
(3)
of
the
TEC
(Article
III-364(2)
and
(3)
DC).
General
Principles
§
7
VIII
2
225
104

Table of contents

  1. Table of Contributors and Outline Table of Contents
  2. Contents
  3. Table of Abbreviations
  4. PART I. The Notion of European Fundamental Rights and Freedoms
  5. § 1 History and Development of European Fundamental Rights and Fundamental Freedoms
  6. I. International and European Human Rights Protection
  7. II. History and Development of Human Rights Protection in the Context of the Council of Europe and the European Convention on HumanRights
  8. III. History and Development of Human Rights Protection within the EC/EU
  9. IV. The Fundamental Freedoms of European Community Law
  10. V. Consequences of the Treaty Establishing a Constitution for Europe
  11. VI. Summary: Protection of Fundamental Rights and Fundamental Freedoms in a Multi-Layered Europe
  12. PART II. The European Convention for the Protection of Human Rights and Fundamental Freedoms
  13. § 2 General Principles
  14. I. The Position and Status of the Convention within the Structure of International and National Law
  15. II. Functions of the Convention Rights
  16. III. Interpretation of the Convention
  17. IV. Beneficiaries of the Convention Rights
  18. V. Entities Bound by the Convention Rights
  19. VI. Territorial scope
  20. VII. Temporal scope
  21. VIII. Guarantees and Limitations of the Convention Rights
  22. IX. Judicial protection
  23. § 3 Personal Rights and the Prohibition of Discrimination
  24. I. Protection of Privacy
  25. II. Right to Personal Integrity
  26. III. Prohibition of Discrimination
  27. § 4 Freedom of Expression, Freedom of Assembly and Association
  28. I. Freedom of Communication within the European Human Rights System
  29. II. Freedom of Opinion and Freedom of Information
  30. III. Freedom of Assembly
  31. IV. Freedom of Association
  32. V. Freedom to Form and Join Trade Unions
  33. VI. Conclusions
  34. § 5 Economic Fundamental Rights
  35. I. Introduction
  36. II. Protection of Property
  37. III. Other Guarantees under Economic Law
  38. IV. Influence of the European Social Charter
  39. § 6 Fundamental Judicial and Procedural Rights
  40. I. The Protection of Liberty (Article 5 ECHR)
  41. II. Fundamental Judicial Rights in Connection with Proceedings before Courts
  42. III. Procedural Safeguards Relating to Expulsion of Aliens
  43. IV. The Right to an Effective Remedy
  44. PART III. The Fundamental Freedoms of the European Communities
  45. § 7 General Principles
  46. I. The Nature and Position of the Fundamental Freedoms within the Structure of European Community Law
  47. II. Functions of the Fundamental Freedoms
  48. III. Beneficiaries of the Fundamental Freedoms
  49. IV. Entities Bound by the Fundamental Freedoms
  50. V. Territorial Scope of the Fundamental Freedoms
  51. VI. Temporal Scope of the Fundamental Freedoms
  52. VII. Scope of Protection, Interferences, Justification
  53. VIII. Judicial Protection
  54. § 8 Free Movement of Goods
  55. I. Scope of Protection
  56. II. Interference
  57. III. Justification
  58. § 9 Freedom of Movement for Workers
  59. I. Scope of Protection
  60. II. Interference
  61. III. Justification
  62. § 10 Freedom of Establishment
  63. I. Introduction
  64. II. Scope of Protection
  65. III. Interference
  66. IV. Justification
  67. V. The Application of the Freedom of Establishment to Legal Persons According to Article 48 of the TEC (Article III-142 DC)
  68. § 11 The Free Movement of Services
  69. I. Introduction
  70. 1. The General Relevance of the Principle of the Freedom to Provide Services
  71. 2. The Structure of the Freedom to Provide Services in the Community Law
  72. 3. The Free Movement of Services beyond the Treaty
  73. 4. Liberalisation of the Freedom to Provide Services and Secondary Legislation
  74. 5. The New Strategy for the Internal Market
  75. II. The Scope of Protection
  76. III. Interference
  77. IV. Justification
  78. § 12 Freedom of Movement of Capital and Payments
  79. I. Scope of Protection
  80. II. Prohibition on Restrictions
  81. III. Justification of Restrictions within the Community: The Subjects Protected by Article 58 of the TEC (Article III-158 DC) and the Mandatory Requirements
  82. IV. Regulatory Fields
  83. V. Additional Restrictions With Regard to Third Countries
  84. VI. Conclusion
  85. § 13 Prohibition of Discrimination Due to Nationality
  86. I. Sources of Law and Systematic Classification
  87. II. Structure of Review
  88. PART IV. The Fundamental Rights of the European Union
  89. § 14 General Principles
  90. I. The Character and Position of the Fundamental Rights of the European Union within the Structure of International and National Law
  91. II. Functions of the Fundamental Rights of the Union
  92. III. Beneficiaries of the Fundamental Rights of the Union
  93. IV. Entities Bound by the Fundamental Rights of the Union
  94. V. Territorial and Temporal Scope of the Fundamental Rights of the Union
  95. VI. Guarantees of / Interferences with the Fundamental Rights of the Union
  96. VII. Judicial Protection
  97. VIII. Other Forms of Protection of Fundamental Rights in the EU
  98. § 15 Human Dignity, Fundamental Rights of Personality and Communication
  99. I. Dignity of Man
  100. II. Protection of the Personality
  101. III. The Protection of Communication
  102. IV. Freedom and Security - Outlook
  103. § 16 The Right to Pursue a Freely Chosen Occupation
  104. I. Scope of Protection
  105. II. Infringement
  106. III. Justification
  107. § 17 The Fundamental Right to Property
  108. I. Position and Relevance of the Fundamental Right to Property in Community Law
  109. II. The Derivation and Dogmatic Structure of the Fundamental Right to Property under Community Law
  110. III. The European Fundamental Right to Property in Detail
  111. IV. Conclusion
  112. § 18 Basic Rights of Equality and Social Rights
  113. I. Rights to Equality
  114. II. Social Rights
  115. § 19 Judicial and Procedural Fundamental Rights
  116. I. Overview
  117. II. Fundamental Procedural Rights in Relation to the Community Institutions
  118. III. Requirements of Community Procedural Fundamental Rights for Member States
  119. IV. Particular Problems in ‘Tiered’ Proceedings und ‘Mixed’ Decisions between National Authorities and EC-Commission
  120. V. Summary
  121. § 20 The Charter of Fundamental Rights of the European Union
  122. I. Introduction
  123. II. Contents and Restrictions of Fundamental Rights
  124. III. On the Area of Application of the Charter of Fundamental Rights of the European Union
  125. IV. On the Legally Binding Nature of the Charter of Fundamental Rights of the European Union prior to the European Constitution Coming into Effect
  126. V. The European Agency for Fundamental Rights
  127. VI. Prospect
  128. PART V. Citizenship Rights in Europe
  129. § 21 European Citizenship Rights
  130. I. Introduction
  131. II. Union Citizenship as a Matter of the European Union
  132. III. Nationality, National Citizenship and Citizenship of the Union
  133. IV. European Citizenship Rights
  134. V. Concluding Remarks
  135. Decisions of the European Court of Human Rights
  136. Decisions of the European Court of Justice
  137. Table of Model Cases
  138. Index