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The Protection Of Fundamental Social Rights In Europe Through The European Social Charter

The Protection of Fundamental Social Rights in Europe Through the European Social Charter PDF

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Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287146205
Size: 77.46 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 126
View: 3020


Conclusions of the conference.

Connecting Welfare Diversity Within The European Social Model

Connecting Welfare Diversity Within the European Social Model PDF

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Author: Theodōros D. Sakellaropoulos
Publisher: Intersentia nv
ISBN: 9050953697
Size: 44.74 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 270
View: 2654


This volume is the revised Report, which an international team of experts have prepared for the Greek Ministry of Labour and Social Security in the context of the Greek Presidency of the European Union and presented in the international conference "The Modernisation of the European Social Model. EU Policies and Practices" on 24-25 May 2003, at Ioannina, Greece. The book focuses on the Open Method of Coordination (OMC), its relation to other policy tools used in the European Social Policy and its significance for the fomation of a new European Social Model. The chapters follow the emergence, the evolution and analyze the constituent elements of the OMC in the fields of Social Inclusion and Pensions since the Lisbon Summit. During the Portuguese Presidency OMC encountered a cautious response. The OMC idea made substantial progress during the Belgian Presidency. In the Ioannina conference the OMC had full recognition as a tool for the implementation of European Social Policy. Everyone agreed that important social issues were dealt with more effectively through the OMC, especially when the latter is consolidated after the inclusion of the Charter of the fundamental Rights in the new European Treaty. This progress is sufficiently reflected in the present volume, where it is concluded that through OMC the European Social Model gained a new momentum in terms of effectiveness and legitimacy

Europ Ische Grundrechte Und Grundfreiheiten

Europ  ische Grundrechte und Grundfreiheiten PDF

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Author: Dirk Ehlers
Publisher: Walter de Gruyter
ISBN: 3110902249
Size: 42.79 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : de
Pages : 632
View: 5636


[European fundamental rights] European law is increasingly superseding and displacing national law. The previous presentations of European Community Law are for the most part oriented towards the institutions. The citizens and their legal positions come off worse. With the textbook published in 2002 a representation has been presented for the first time, which treats the essential problems of European fundamental rights and fundamental freedoms according to a uniform didactic concept. The completely revised new edition takes into consideration all changes, and generally includes the new additional protocols of the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as (above all) the treaty pertaining to a constitution for Europe and thus at the same time the charter of the basic rights of the Union. The addressee's of the textbook are primarily students and judicial interns, but moreover also the courts, regulatory authorities and associations as well as all other parties interested in European Community Law.

The Revised European Social Charter

The Revised European Social Charter PDF

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Author: Lukas, Karin
Publisher: Edward Elgar Publishing
ISBN: 1789903645
Size: 12.87 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 432
View: 2132


This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).

Official Gazette Of The Council Of Europe

Official Gazette of the Council of Europe PDF

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Author: Council of Europe. Parliamentary Assembly
Publisher:
ISBN:
Size: 22.75 MB
Format: PDF
Category : Europe
Languages : en
Pages :
View: 7656



Documents Working Papers Council Of Europe Parliamentary Assembly

Documents  Working Papers   Council of Europe  Parliamentary Assembly PDF

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Author: Council of Europe. Parliamentary Assembly
Publisher:
ISBN:
Size: 67.56 MB
Format: PDF, Mobi
Category : Europe
Languages : en
Pages :
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Human Rights And Minority Rights In The European Union

Human Rights and Minority Rights in the European Union PDF

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Author: Kirsten Shoraka
Publisher: Routledge
ISBN: 113695399X
Size: 73.94 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 328
View: 7118


The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.

A Review Of Forty Years Of Community Law

A Review of Forty Years of Community Law PDF

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Author: Alison McDonnell
Publisher: Kluwer Law International B.V.
ISBN: 9041123261
Size: 63.32 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 375
View: 3939


In this important book eighteen of Europe's most respected jurists and legal scholars look at long-term developments in Community and Union law with a view to shedding light on the current situation and pointing out lessons for the future. They consider major Community law themes as they have developed over the past four decades in institutional and substantive contexts, as well as in such newer areas of development as external relations, economic and monetary union, and the Third Pillar. Starting from the absolute centrality of the Common Market to the European Community enterprise, the authors provide many reminders of how the current situation evolved. Their detailed root analyses of past experiences explore origins, patterns, and implications from the initial concept of market access, through laws relating to individual rights, to such complexities as the 'bottom-up' emergence of constitutional principles. They show that, whether we will in fact soon see a European constitution or not, there is little doubt today that EC law is undergoing what may be best understood as a process of constitutionalization. Seventeen insightful essays give deeper meaning to many events, principles, and issues which have had far-reaching implications for European integration, including the following: the crucial principles made clear by the ECJ in Van Gend andamp; Loos in 1963; the place of fundamental rights in a supranational legal order; tensions to be resolved through political and legal means; exclusive, shared and supporting competences; the gradual rise of principles such as subsidiarity and proportionality; the precautionary principle; the legitimacy and authority of the ECJ; the extent to which fundamental freedoms have become fundamental rights; the procedural rules of European competition policy enforcement; state aid under EC Treaty Article 87(1); the case for harmonization of private law; social policy and equal treatment; institutional balance; the EU as global actor; the evolution of the EU Charter of Fundamental Rights; and the Constitutional Treaty. ; ; ; ; The European Union is a dynamic legal order, and continues to face myriad challenges and dilemmas as it expands its membership and considers a European constitution. This concentrated summary of the most important issues in forty years of legal developments reveals both the lasting triumphs along the way and the gaps that require urgent attention if the legitimacy of the Union is not to be impaired. Participants in European law and government, from citizens and students to the highest levels of policy making, will find here an invaluable resource for the future and much food for thought. These articles were first presented at a conference held at the end of 2003 to mark the 40th anniversary of the Common Market Law Review, and were originally published in a special issue of the Review.

The Convergence Of The Fundamental Rights Protection In Europe

The Convergence of the Fundamental Rights Protection in Europe PDF

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Author: Rainer Arnold
Publisher: Springer
ISBN: 940177465X
Size: 66.11 MB
Format: PDF
Category : Law
Languages : en
Pages : 235
View: 7687


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 Eu Charter Of Fundamental Rights

The EU Charter of Fundamental Rights PDF

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Author: Giacomo Di Federico
Publisher: Springer Science & Business Media
ISBN: 9789400701564
Size: 45.25 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 320
View: 421


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.

The European Social Charter And Employment Relation

The European Social Charter and Employment Relation PDF

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Author: Niklas Bruun
Publisher: Bloomsbury Publishing
ISBN: 1509906355
Size: 33.89 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 552
View: 7071


This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.

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