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Research Handbook on EU Law and Human Rights
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
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Critical Acclaim
Contributors
Contents
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The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This Research Handbook explores the principles underlying fundamental rights norms and the way such norms operate in the case law of the Court of Justice.
Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them. Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action.
Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policymakers, NGO and government officials.
Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them. Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action.
Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policymakers, NGO and government officials.
Critical Acclaim
‘This Handbook constitutes a valuable resource for practitioners, policymakers and scholars of European and human rights law, who want to be up to date with current research, latest thinking and critical insights, regarding the state of the law and future developments within this field.’
– Melanie Helene Schinagl, European Yearbook on Human Rights 2018
‘Does the protection of human rights go too far, or not far enough? How should we decide? This book of essays by distinguished judges, academics and practitioners explains the problems and offers a kaleidoscope of interesting criticisms and new ideas. It shows the range and complexity of the ethical, political and legal issues that we need to think about and discuss. There are no easy answers.’
– Sir David Edward, University of Edinburgh, UK and former Judge of the European Court of Justice
‘The Research Handbook on EU Law and Human Rights provides one of the most comprehensive contemporary analyses of the Union’s law and policy in the field of human rights and marks an important and original contribution on the subject. Gathering contributions from top experts in the field, it combines breadth and depth and offers critical insights from diverse perspectives. The book critiques fundamental rights narratives and assesses the current law in many areas. Combining transversal and thematic approaches, this is European law discourse at its best.’
– Takis Tridimas, King''s College London, UK
‘The Research Handbook provides a fantastic foundation for EU human rights research. All of the chapters are well researched and provide thorough coverage of the seminal cases and structural and philosophical issues concerning human rights in the EU. Whether you are new to the field and looking to get a lay of the land or an expert looking for current trends in scholarship, I highly recommend it.''
– International Journal of Legal Information
– Melanie Helene Schinagl, European Yearbook on Human Rights 2018
‘Does the protection of human rights go too far, or not far enough? How should we decide? This book of essays by distinguished judges, academics and practitioners explains the problems and offers a kaleidoscope of interesting criticisms and new ideas. It shows the range and complexity of the ethical, political and legal issues that we need to think about and discuss. There are no easy answers.’
– Sir David Edward, University of Edinburgh, UK and former Judge of the European Court of Justice
‘The Research Handbook on EU Law and Human Rights provides one of the most comprehensive contemporary analyses of the Union’s law and policy in the field of human rights and marks an important and original contribution on the subject. Gathering contributions from top experts in the field, it combines breadth and depth and offers critical insights from diverse perspectives. The book critiques fundamental rights narratives and assesses the current law in many areas. Combining transversal and thematic approaches, this is European law discourse at its best.’
– Takis Tridimas, King''s College London, UK
‘The Research Handbook provides a fantastic foundation for EU human rights research. All of the chapters are well researched and provide thorough coverage of the seminal cases and structural and philosophical issues concerning human rights in the EU. Whether you are new to the field and looking to get a lay of the land or an expert looking for current trends in scholarship, I highly recommend it.''
– International Journal of Legal Information
Contributors
Contributors: M. Bobek, S. Bogojević, M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera, J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, T. Lock, N. Nic Shuibhne, S. Ninatti, A. O’Neill, L. Pech, S. Peers, G.T. Pétursson, J. Pierce, S. Smismans, V. Smith, K. Tuori, A.H. Türk, A. Ward, S. Weatherill, L. Woods, A.L. Young, K.S. Ziegler
Contents
Contents:
PART I: THE FRAMEWORK
1. Fundamental rights as a political myth of the EU: can the myth survive?
Stijn Smismans
2. The pluralism of European fundamental rights law
Kaarlo Tuori
3. The Charter of Fundamental Rights and the EU’s ‘creeping’ competences: does the Charter have a centrifugal effect for fundamental rights in the EU?
Sybe A. de Vries
4. The right to move and reside: disentangling the dual dynamics of fundamental rights in EU citizenship law
Niam Nic Shuibhne
5. Administrative law and fundamental rights
Alexander H. Türk
6. EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European Union
Alison L. Young
7. Remedies under the EU Charter of Fundamental Rights
Angela Ward
8. EU fundamental rights in a devolved United Kingdom
Aidan O’Neill
PART II: BEYOND THE EUROPEAN UNION
9. Fundamental rights in the European Court of Justice and the European Court of Human Rights
Marta Cartabia and Stefania Ninatti
10. The EU before the European Court of Human Rights after accession
Tobias Lock
11. Respect for human rights as a general objective of the EU’s external action
Annabel Egan and Laurent Pech
12. Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international law
Katja S. Ziegler
PART III: EU ACTION AND NEW DIRECTIONS IN FUNDAMENTAL RIGHTS
13. Fundamental rights and fundamental values in the old and new Europe
Michal Bobek
14. Weak right, strong Court - The freedom to conduct business and the EU Charter of Fundamental Rights
Xavier Groussot
15. Fundamental rights in the application of competition law in the EU
Vincent Smith
16. The internal market and fundamental rights
Stephen Weatherill
17. Data protection, privacy and the foreigner
Elspeth Guild
18. Digital freedom of expression in the EU
Lorna Woods
19. EU fundamental rights and the European Arrest Warrant
Massimo Fichera
20. Immigration, asylum and human rights in the European Union
Steve Peers
21. EU human rights law and environmental protection: the beginning of a beautiful friendship?
Sanja Bogojević
22. EU fundamental rights and the financial crisis
James Fraczyk
23. EU law and social rights
Sionaidh Douglas-Scott and Nicholas Hatzis
Index
PART I: THE FRAMEWORK
1. Fundamental rights as a political myth of the EU: can the myth survive?
Stijn Smismans
2. The pluralism of European fundamental rights law
Kaarlo Tuori
3. The Charter of Fundamental Rights and the EU’s ‘creeping’ competences: does the Charter have a centrifugal effect for fundamental rights in the EU?
Sybe A. de Vries
4. The right to move and reside: disentangling the dual dynamics of fundamental rights in EU citizenship law
Niam Nic Shuibhne
5. Administrative law and fundamental rights
Alexander H. Türk
6. EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European Union
Alison L. Young
7. Remedies under the EU Charter of Fundamental Rights
Angela Ward
8. EU fundamental rights in a devolved United Kingdom
Aidan O’Neill
PART II: BEYOND THE EUROPEAN UNION
9. Fundamental rights in the European Court of Justice and the European Court of Human Rights
Marta Cartabia and Stefania Ninatti
10. The EU before the European Court of Human Rights after accession
Tobias Lock
11. Respect for human rights as a general objective of the EU’s external action
Annabel Egan and Laurent Pech
12. Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international law
Katja S. Ziegler
PART III: EU ACTION AND NEW DIRECTIONS IN FUNDAMENTAL RIGHTS
13. Fundamental rights and fundamental values in the old and new Europe
Michal Bobek
14. Weak right, strong Court - The freedom to conduct business and the EU Charter of Fundamental Rights
Xavier Groussot
15. Fundamental rights in the application of competition law in the EU
Vincent Smith
16. The internal market and fundamental rights
Stephen Weatherill
17. Data protection, privacy and the foreigner
Elspeth Guild
18. Digital freedom of expression in the EU
Lorna Woods
19. EU fundamental rights and the European Arrest Warrant
Massimo Fichera
20. Immigration, asylum and human rights in the European Union
Steve Peers
21. EU human rights law and environmental protection: the beginning of a beautiful friendship?
Sanja Bogojević
22. EU fundamental rights and the financial crisis
James Fraczyk
23. EU law and social rights
Sionaidh Douglas-Scott and Nicholas Hatzis
Index
