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Shifting Centres of Gravity in Human Rights Protection

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Release : 2016
Genre : Electronic books
Kind : eBook
Book Rating : 249/5 ( reviews)

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Book Synopsis Shifting Centres of Gravity in Human Rights Protection by : Oddný Mjöll Arnardóttir

Download or read book Shifting Centres of Gravity in Human Rights Protection written by Oddný Mjöll Arnardóttir. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: 2 Standards of judicial review and comparative constitutional law: a framework

Shifting Centres of Gravity in Human Rights Protection

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Author :
Release : 2016-02-26
Genre : Law
Kind : eBook
Book Rating : 103/5 ( reviews)

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Book Synopsis Shifting Centres of Gravity in Human Rights Protection by : Oddný Mjöll Arnardóttir

Download or read book Shifting Centres of Gravity in Human Rights Protection written by Oddný Mjöll Arnardóttir. This book was released on 2016-02-26. Available in PDF, EPUB and Kindle. Book excerpt: 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. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

The individual application under the European Convention on Human Rights

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Release : 2019-06-27
Genre : Political Science
Kind : eBook
Book Rating : 625/5 ( reviews)

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Book Synopsis The individual application under the European Convention on Human Rights by : Linos-Alexandre Sicilianos

Download or read book The individual application under the European Convention on Human Rights written by Linos-Alexandre Sicilianos. This book was released on 2019-06-27. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable practical guide for any potential applicant and any legal professional This book, which is a practical guide aimed at both professional lawyers and potential applicants, clearly and comprehensively describes and analyses the main stages in the processing of an application before the organs of the European Convention on Human Rights. Detailed descriptions are provided of the Convention system, the Rules of the European Court of Human Rights and the procedures which the Court has developed to expedite and optimise case processing. Crafted by two specialists on the Convention, Linos-Alexandre Sicilianos, the current President of the European Court of Human Rights, and Maria-Andriani Kostopoulou, a lawyer at the Greek Court of Cassation, the book does not merely explain how to prepare and lodge an application, in particular as regards the formal requirements and admissibility criteria; it also presents a detailed assessment of a case by the various formations of the Court, covering all stages right through to the conclusion of proceedings. Finally, having analysed the judicial stage, the book goes on to describe the procedure for supervision of the execution of judgments before the Committee of Ministers of the Council of Europe.

Human Rights in the Council of Europe and the European Union

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Release : 2018-03-29
Genre : Law
Kind : eBook
Book Rating : 456/5 ( reviews)

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Book Synopsis Human Rights in the Council of Europe and the European Union by : Steven Greer

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer. This book was released on 2018-03-29. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

The Architecture of Fundamental Rights in the European Union

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Release : 2022-02-10
Genre : Law
Kind : eBook
Book Rating : 60X/5 ( reviews)

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Book Synopsis The Architecture of Fundamental Rights in the European Union by : Šejla Imamovic

Download or read book The Architecture of Fundamental Rights in the European Union written by Šejla Imamovic. This book was released on 2022-02-10. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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