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The EU Charter of Fundamental Rights

Politics, Law and Policy

Editor(s): Steve Peers, Angela Ward
Media of The EU Charter of Fundamental Rights
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Published: 22-04-2004
Format: Hardback
Edition: 1st
Extent: 388
ISBN: 9781841134499
Imprint: Hart Publishing
Series: Essays in European Law
Dimensions: 234 x 156 mm
RRP : £80.00

: 14 -21 days

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Loren Epson

About The EU Charter of Fundamental Rights

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 flavour 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.

Table Of Contents

The European Union Charter and the European Convention on Human Rights: An Overview
Hans Christian Krüger

Part I: Political, Legal and Constitutional Issues

1. European Constitutionalism and the Charter
Gráinne de Búrca and Jo Beatrix Aschenbrenner

2. The Member States
Paolo Carozza

3. Human Rights and Membership of the European Union
Bruno de Witte and Gabriel N Toggenburg

4. The Charter and United Nations Human Rights Treaties
Dominic McGoldrick

5. Access to Justice
Angela Ward

6. Taking Rights Away? Limitations and Derogations
Steve Peers

Part II: The Chapter and Substantive Policy Areas of EU Regulation

7. The Internal Market
Stephen Weatherill

8. Labour Law
Pascale Lorber

9. Citizens, Immigrants, Terrorists and Others
Elspeth Guild

10. Environmental and Consumer Protection
Alexandre Kiss

11. Criminal Law and the Privilege Against Self-Incrimination
Janet Dine

12. Health Care Law
Sabine Michalowski

13. Social Security
Robin CA White

14. Children's Rights
Holly Cullen

Part III: Remedies

15. Remedies and the Charter of Fundamental Rights of the European Union
Dinah Shelton


“...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

“...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

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