The Fragmented Landscape Of Fundamental Rights Protection In Europe

The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

The first book to examine the creation and function of the EU Fundamental Rights Agency.

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

The Charter of Fundamental Rights provides the European Union with something it has never had before: a core human rights document. Similar in concept to the U.S. Bill of Rights, the Charter is profoundly different in execution, reflecting its own historical context and distinct European perspective on the nature of people and society. First proposed in 1999, the Charter became EU law ten years later, with the ratification of the EU Reform Treaty, also known as the Lisbon Treaty, in late 2009. With 54 articles providing fundamental rights in such diverse areas as life, equality, physical integrity, education, gender, health care, families, access to information, consumer activity, environmental protection, and access to justice, the Charter is certain to have a profound effect on what it means to be European in the 21st century. Human Rights in Europe presents an article-by-article analysis of the Charter's provisions through the work of some of Europe's leading legal scholars. The authors, who are all professors at leading Italian universities, have written insightful critiques that analyze the Charter from the social, legal, and jurisprudential contexts of existing European and international human rights law, including the constitutional law of EU member countries. Heavily footnoted, with a massive index, and including a foreword that provides a full history of the drafting and enactment of the Charter, Human Rights in Europe is an essential guide to the EU's most important human rights document. "The breadth of the sources of on which the commentaries rely is impressive... The commentaries capture the complexities of the subject matter while still being readable and giving insight into the multi-national human rights landscape. The text would make an ideal supplement in a law school classroom or a perfect addition to a legal library." -- Law & Politics Book Review