Fundamental Rights in the European Union

1. Auflage 2023
ISBN: 978-0-19-954849-1
Verlag: Sydney University Press

Buch, Englisch, 330 Seiten, Format (B × H): 171 mm x 246 mm, Gewicht: 3 g

Reihe: Oxford European Union Law Library

As the EU's fundamental rights regime reaches maturity, this book offers the first full-length overview of the historical development and current role of fundamental rights in the law and policy of the European Union. It analyses both the institutional aspects (the place of fundamental rights in the EU legal order and their role in decision-making procedures) and substantive dimensions (the range and scope of rights recognized as part of EU law).

Part I traces the emergence of fundamental rights as a feature of the EU legal order, from the initial silence of the original Treaties to the development of fundamental rights as general principles of law safeguarded by the European Court of Justice, and the adoption of a number of legislative instruments linking the protection of certain fundamental rights to the establishment of the internal market.

Part II moves on to examine fundamental rights in the current landscape of EU law and policy. It analyses the constitutionalization of fundamental rights through Treaty amendments and the development of an area of freedom, security and justice among the Member States. It examines the role of the EU Charter of Fundamental Rights and of the Fundamental Rights Agency; and the relationship between the EU and the Council of Europe in the protection of human rights on the European continent.

Finally, Part III offers a critical analysis of the role of fundamental rights in the external relations of the EU.

As a whole, the book offers an ideal introduction to understanding the European Union as a human rights organization, suitable for use by graduate students, and an invaluable reference point for academics and legal practitioners needing an overview of EU fundamental rights law and policy.

Zielgruppe

Academics specialising in EU law or human rights law; legal practitioners working on fundamental rights issues in the EU system; political scientists studying the development of the EU

Autoren/Hrsg.

De Schutter, Olivier

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Introduction
Part I. From Stauder to the Single European Act
1: The emergence of fundamental rights in the case-law
2: The role of fundamental rights in the establishment of the internal market
Part II. From the Single European Act to the Reform Treaty
3: The constitutionalization of fundamental rights and the establishment of an area of freedom, security and justice
4: The impact of the Charter of Fundamental Rights
5: The EU Fundamental Rights Agency
6: The relationships between the Union and the Council of Europe
Part III. Human Rights in the External Policies of the Union
7: Human rights in the external policies of the Union
8: The human rights responsibilities of EU transnational corporations and the debate on Corporate Social Responsibility

Über Autor(innen)

De Schutter, Olivier
Olivier De Schutter, the UN Special Rapporteur on the right to food, is currently Professor of Human Rights Law at the University of Louvain (UCL, Belgium) and at the College of Europe (Natolin), as well as a Member of the Global Law School Faculty at New York University and a Visiting Professor at Columbia University (2007-8). He holds an LLB from the University of Louvain and an LL.M. from Harvard University, as well as a doctorate in law from the University of Louvain. He set up the Delegation to the EU of the International Federation for Human Rights (FIDH), and later chaired the EU Network of Independent Experts on Fundamental Rights, a group of high-level independent experts instituted by the European Commission and the European Parliament to monitor compliance by both the EU institutions and the EU Member States with the EU Charter of Fundamental Rights. He acted on a number of occasions as an expert for the Council of Europe and for the European Union on human rights issues.

Olivier De Schutter, the UN Special Rapporteur on the right to food, is currently Professor of Human Rights Law at the University of Louvain (UCL, Belgium) and at the College of Europe (Natolin), as well as a Member of the Global Law School Faculty at New York University and a Visiting Professor at Columbia University (2007-8). He holds an LLB from the University of Louvain and an LL.M. from Harvard University, as well as a doctorate in law from the University of
Louvain. He set up the Delegation to the EU of the International Federation for Human Rights (FIDH), and later chaired the EU Network of Independent Experts on Fundamental Rights, a group of high-level independent experts instituted by the European Commission and the European Parliament to monitor
compliance by both the EU institutions and the EU Member States with the EU Charter of Fundamental Rights. He acted on a number of occasions as an expert for the Council of Europe and for the European Union on human rights issues.