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The EU Charter of Fundamental Rights : Politics, Law and Policy - BLOOMSBURY ACADEMIC

The EU Charter of Fundamental Rights

Politics, Law and Policy

Hardcover

Published: 22nd April 2004
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This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavor of how the Charter might seep in to the process of substantive law- making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.

...a detailed and contextual collection...this volume is highly recommended to all who seek to gain a deeper understanding of the Charter... Cathryn Costello, Wolfson College Oxford Public Law 2005 ...the book is innovative in drawing together the views of a wide array of professors in European and international law[it] is a welcome addition to the publications that have already been written. It raises some interesting points and makes the reader aware of the importance of the Charter. It also captures the essence of the Charter and outlines its implications at European and national level. Marilyn Goldberg The JUSTICE Journal December 2004

Introduction
List of contributors
The European Union charter and the European Convention on Human Rights : an overview
Political, legal and constitutional issues
European constitutionalism and the charterp. 3
The member statesp. 35
Human rights and membership of the European Unionp. 59
The charter and United Nations human rights treatiesp. 83
Access to justicep. 123
Taking rights away? Limitations and derogationsp. 141
The chapter and substantive policy areas of EU regulation
The internal marketp. 183
Labour lawp. 211
Citizens, immigrants, terrorists and othersp. 231
Environmental and consumer protectionp. 247
Criminal law and the privilege against self-incriminationp. 269
Health care lawp. 287
Social securityp. 309
Children's rightsp. 323
Remedies
Remedies and the Charter of Fundamental Rights of the European Unionp. 349
The EU Charter of Fundamental Rightsp. 365
References to the EU Charter of Fundamental Rightsp. 371
Indexp. 387
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134499
ISBN-10: 184113449X
Series: Essays in European Law
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 388
Published: 22nd April 2004
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 2.54
Weight (kg): 0.77
Edition Number: 1